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.

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 members of Gram Panchayat giving authority to the duly authorized person to file the petition in the larger interest of the public, since most of the people belong to the lower stratum of the society and are not aware of the rules, norms and regulations as such, they are incapable of approaching the Court.

4. The case of the petitioner is that earlier a mining lease was granted in favour of the private respondent and the lease expired in the year 2005-2006. The respondent-Department renewed the mining lease on 21.02.2022 for an area measuring 4-27-95 hectares on the Government land in the form of river bed bearing Khasra No.1379/2/1 in Mohal Bairi, Mauza Pahlu, Tehsil Barsar, District Hamirpur, Himachal Pradesh, for a period of five years i.e. upto 2027.

5. A reference has been made to the resolution dated 07.03.2022, on the ground that the damage was being caused to the agricultural land of area, water sources and bridges. The copy of the same had been sent to the Deputy Commissioner, Hamirpur, who further forwarded the same to the Mining Officer, Hamirpur, for examining the matter and taking necessary action on 31.03.2022 (Annexure P-4), but no action has been taken on the said communication. The leased land is located between two check dams, one of which has already been constructed at the cost of Rs.10,00,000/- (Rs. Ten lakhs) approximately by the State Government and another one has been sanctioned by the State Government. As such, the mining activity is badly affecting the check dams and water flow. The averments were also made regarding sanction of Rs.10,00,000/- (Rs. Ten lakhs) for the construction and maintenance of link road from Beri to Kandoh and that the road was at a distance of 10-15 metres from leased land and mining activity is to be carried out by the stone crusher which will damage and obstruct the said link road on account of land-slides in rainy reason and similarly, reference has also been made to similar link road situated between Beri and village Talasi.

6. The averments are also made regarding the fact that the water shortage has occurred due to lowering of ground water level and mining activity has dried all the hand pumps/tube-wells, adversely affecting the area.

7. It was pleaded that in the year 1997, respondent-Department had granted a mining lease over an area measuring 368-15 kanals for a period of five years after completing all the codal formalities, including ‘No Objection Certificate’ from the concerned Gram Panchayat. The said mining lease has been renewed for a further period of five years w.e.f. 29.03.2002 to 28.03.2007 and private respondent No.7 had again applied for the renewal of mining lease, however, the concerned Panchayat had refused for issuance of the NOC. Private respondent No.7 was directed to submit fresh Res