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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, C.J., SATYEN VAIDYA
Gram Panchyat Pahlu – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. details of mining lease renewal (Para 4) |
| 2. environmental concerns raised (Para 5 , 6) |
| 3. petitioner's arguments against renewal (Para 7 , 8 , 11 , 12 , 13) |
| 4. respondents' defense of renewal (Para 9 , 10) |
| 5. court's review of procedural compliance (Para 14) |
| 6. court's reasoning on procedural violations (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 7. writ petition allowed (Para 24 , 25 , 26 , 27) |
JUDGMENT :
G.S. Sandhawalia, C.J.
The present Writ Petition has been preferred by Gram Panchayat Pahlu by way of public interest litigation seeking the relief of cancellation of mining lease renewed on 21.02.2022 (Annexure P-2) in favour of private respondent No.7.
2. The petitioner has also prayed that in view of the Resolution passed on 07.03.2022 (Annexure P-3) by it, action be taken by the official respondents, wherein the renewal as such, in favour of private respondent No.7 was objected to, on the ground that there was no, ‘No Objection Certificate’ issued by the petitioner/Gram Panchayat and no inspection was done of the site in question while granting the lease.
3. The necessary averment is made that the writ petition has been filed by moving a Resolution by the member
The renewal of a mining lease must comply with procedural requirements, including consultation with the Gram Panchayat and conducting a Joint Inspection as mandated by applicable rules.
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 ....
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.
Mining Lease approvals were revoked due to the petitioners' failure to comply with statutory requirements, rendering prior approvals void.
Mining activities must comply with environmental laws, ensuring safety and oversight, especially regarding operations near residential areas.
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