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NUPUR BHATI
Manohar Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(Nupur Bhati, J.)
Though the matter has been listed in the 'Fresh' category, at the joint request of both the parties, the matter is heard finally today itself.
2. This writ petition has been filed challenging the communication dated 21.04.2024 (Annex.21) issued by the respondent no. 2 whereby the petitioner was informed that the mining lease of the petitioner was coming to an end from 09.05.2024. The petitioner also prayed that the respondent authorities be restrained from terminating the mining lease on 09.05.2024 and taking any coercive action against the petitioner. The petitioner has also sought directions to the respondent no. 3 to issue EC in favour of the petitioner and also the cost of the writ petition to be allowed in favour of the petitioner. Certain ancillary relief(s) have also been sought by the petitioner.
3. Briefly stated, the facts of this petition are that the petitioner applied for the mining lease of mineral bajri in the 376.5088 hectare area situated in Tehsil Amet, District Rajsamand ) 'mining lease area' in the year 2013 and vide order dated 26.02.2013 (Annex.1), the Joint Secretary to the Government, approved the mining lease for 5 years in favour o
The court affirmed that the dies-non period for a mining lease is calculated from the date of registration, and failure to obtain necessary clearances precludes the lessee from claiming benefits.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
No lapsing of a mining lease occurs where operations are statutorily restrained until requisite environmental clearances are obtained, making provisions inapplicable until such clearances are availab....
The issuance of a mining lease without affording adequate opportunity for a hearing violates principles of natural justice.
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