Common issues are involved in all these writ petitions. Therefore, they have been heard together and are being decided by this common judgment.

2. In all these writ petitions, petitioners’ application for renewal of lease has been rejected by separate orders dated 01.04.2016 passed by the Department of Industries, Mines and Geology, Government of Jharkhand. Consequent thereto, petitioners have been asked to hand over the possession of leased area to Mines Department, failing which steps would be taken to take possession of the lease hold property by the State authorities. The lease area have thereafter been made open for Public Auction by Gazette Notification.

3. Petitioners have questioned the exercise of such power on the part of the State Government after coming into force of the Mines and Minerals (Development and Regulation) (Amendment) Act, 2015 (hereinafter to be referred as ‘Amendment Act, 2015’) and the judgment rendered by the Apex Court in the case of Common Cause versus Union of India & Ors in Writ Petition (Civil) No. 114/2014 and Writ Petition (Civil) No. 194/2014 dated 04.04.2016. Petitioners have accordingly assailed the impugned orders of rejection of their renewal application. They have also assailed the Gazette Notification issued thereafter making the leasehold area open for public auction.

4. Individual facts of the writ petitioners, the submissions made on behalf of learned counsel for the petitioners and the reply advanced on behalf of the Respondents State and Union of India are being noticed hereinafter.

WPC 2027/2016

5. Petitioner was granted mining lease of Iron Ore over an area of 233.99 Hectares in Karampada Reserve Forest in West Singhbhum district with effect from 10.07.1972 for a period of 30 years (Annexure-1). Twelve month before expiry of the period of lease, it applied for first renewal on 08.07.2001 in terms of Rule 24(A)(1) of Mineral Concession Rules, 1960, which however, remained pending till Mines and Minerals (Development and Regulation) Amendment Act, 2015 was enacted. The Ordinance had come into force with effect from 12.01.2015 before the Amendment Act was passed by the Parliament. Prior to that, on 18.07.2014, Rules 24A(6) of Mineral Concession Rules, 1960 was amended which provided for deemed extension for a period of two years with effect from 18.07.2014 of such cases pending for first renewal of lease deed where renewal application had been made within time. Petitioner's application for renewal of lease has been rejected by Annexure-19 order dated 01.04.2016 contained in Memo No. 882 passed by the Department of Industries, Mines & Geology, Government of Jharkhand. Consequent thereto, petitioner has been asked to hand over possession of the lease area to Mines Department by letter no. 445 dated 05.04.2016 (Annexure-20) issued by the Deputy Commissioner, West Singhbhum, Chaibasa, failing which steps would be taken to take possession of the lease hold property by the State Authorities.

6. It is submitted that the petitioner has obtained forest clearances for the break up area i.e. area which has been diverted for non-forest purpose having 24.86 acres vide Annexure-11 order dated 19.05.2005. According to the petitioner, it has obtained environmental clearances on 23.01.2007 and 19.07.2013 for 01 lakh MT and 08 lakh MT respectively by order contained at Annexure-9 & 10. It is submitted that only after clarification made for obtaining environmental clearances under the environmental Protection Act, 1986, petitioner applied on 30.01.2006 for the same which was granted on 23.01.2007 and has been extended from time to time. Petitioner has also complied with the provisions of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, as per Certificate dated 12.01.2011 (Annexure-12) issued by the competent authority. Petitioner has always worked the mines as per the approved plan. The Indian Bureau of Mines (hereinafter to be referred as ‘IBM’) ha