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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Sthenos Cement Private Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Heard Mr. D. Saikia and Mr. C.P. Sharma, the learned Senior Counsels assisted by Mr. A. Mathews, the learned counsel appearing on behalf of the petitioners in the batch of the instant writ petitions. I have also heard Mr. N.N.B. Choudhury, the learned Additional Advocate General, Arunachal Pradesh and Mr. U.K. Goswami, the learned Central Government Counsel appearing on behalf of the respondent Nos. 1, 2 and 3.
2. The dispute involved in the instant batch of the writ petitions relates to respective challenges made to the revocation of the approvals of the Mining Plans of the petitioners by the Regional Controller of Mines, Indian Bureau of Mines, the respondent No.3 in the writ petitions.
3. Before dealing with the submission so made by the learned counsels appearing on behalf of the parties, this Court would briefly deal with the facts involved in the present batch of writ petitions.
Mining Lease approvals were revoked due to the petitioners' failure to comply with statutory requirements, rendering prior approvals void.
The court ruled that a recommendation by the State does not constitute a vested right or letter of intent under the MMDR Act, and the amended provisions apply prospectively.
The court affirmed that a petitioner has a vested right to a mining lease under Section 10A(2)(c) of the MMDR Amendment Act, 2015, provided all conditions of prior approval are met.
Point of law: An application for the renewal for a prospecting licence shall be disposed of by the State Government before the expiry of the period of prospecting licence and if the application is no....
The issuance of a mining lease without affording adequate opportunity for a hearing violates principles of natural justice.
The main legal point established in the judgment is the requirement for reasoned decisions based on relevant facts, the importance of providing an opportunity of personal hearing, and the need to rec....
Legislative amendments to the Mines and Minerals Act render pending applications ineligible, emphasizing transparency and auction processes for mineral concessions, with no retrospective applicabilit....
The application for renewal of a mining lease must be considered according to the rules in force at the time of disposal, and the reduction of the mining area must be in compliance with the relevant ....
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