IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Grands Mining (a Partnership Firm), Bokaro Steel City – Petitioner
Versus
State of Jharkhand through Secretary, Department of Mines and Geology – Respondent
W.P. (C) Nos. 5118, 5119, 5122, 5161 of 2019
Decided On : 24-02-2020
Jharkhand Minor Mineral Concession Rules, 2004 - Rules 27(2) and 65(1) - Termination of mining lease - Writ can be issued if action of public authorities is found to have suffered from violation of principles of natural justice - Committee headed by Additional Collector did not comply order of Deputy Commissioner much less order of High Court - Writ petitions disposed of with observations. (Paras 14, 15 and 16)
ORDER :
1. The present batch of writ petitions have been filed for quashing and setting aside the orders contained in Letter No. 1561/M in [W.P. (C) 5118 of 2019], Letter No. 1563/M in [W.P. (C) 5119 of 2019], Letter No. 1562/M in [W.P. (C) No. 5122 of 2019] and Letter No. 1564/M in [W.P. (C) No. 5161 of 2019] all dated 16.09.2019, whereby the petitioner has been directed to show cause as to why the remaining period of its mining lease pertaining to stone mines be not terminated on the ground of suppression of actual production carried out in its mine and has further been directed to pay penalty for doing illegal mining as well as fine for wrong submission of monthly statement to the extent of Rs. 32,67,800/- Rs. 6,84,72,798/- and Rs. 50,70,207/- and Rs. 1,47,73,879/- respectively through online mode within 30 days and to deposit the original copy of the challan in the office of the respondent no. 4-the District Mining Officer, Pakur. The petitioner has further been directed to stop the excavation and transportation of mineral with respect to its mining lease area till the petitioner makes the aforesaid payment of the amount of penalty along with fine, which is contrary to the provisions of Jharkhand Minor Mineral Concession Rules, 2004 (hereinafter referred to as “JMMC Rules, 2004”) and conditions of lease deeds.
2. The factual background of the case as stated in the writ petitions is that the petitioner was granted mining lease for extraction of minor mineral (stone) from the respective mining leased area situated at different plots of Khata No. 56 in Mouza-Golpur, District-Pakur. The lease deeds were also executed in favour of the petitioner. Thereafter, the consent to operate (CTO) permitting the petitioner for carrying out the said mining activities with respect to the concerned mining leased area was given by the Jharkhand State Pollution Control Board on 23.05.2016 and was renewed from time to time. The petitioner regularly filed monthly statements in statutory Form-K before the respondent no. 4 in compliance of its statutory obligation under Rule 48(3) of the JMMC Rules, 2004. Earlier, sectional measurement in the petitioner’s mines was taken by the officials of the Mining Department of the Government of Jharkhand and thereafter, the petitioner was directed to pay penalty alleging that it had shown excavation of minerals without excavating the same from the concerned mining lease area with an intention to obtain transit challan which was used by it for the purpose of transportation of mineral illegally excavated from some other area. The demands raised by the respondents were challenged by the petitioner before this Court by filing W.P. (C) No. 3178 of 2018, W.P. (C) No. 3182 of 2018, W.P. (C) No. 3186 of 2018 and W.P. (C) No. 3189 of 2018. The petitioner claimed in the said writ petitions that the measurement in the mining lease area was done in absence of its representative and there were several infirmities in the said measurement. This Court, vide order dated 30.08.2018 having found that the impugned demand notices were issued in violation of the principles of natural justice, directed the respondents to decide the matter afresh after giving sufficient opportunity of hearing to the petitioner. Thereafter, the respondents have issued the impugned orders contained in abovementioned letters giving rise to filing of the present writ petition.
3. The learned counsel for the petitioner submits that while issuing the impugned letters, the respondents failed to comply the direction of this Court dated 30.08.2018 in its true letter and spirit. It is further submitted that neither single opportunity of hearing was given to the petitioner by the respondent no. 2-the Deputy Commissioner, Pakur nor the copies of the relevant documents were furnished to the petitioner, rather the impugned letters were issued hurriedly. From bare perusal of the impugned letters all dated 16.09.2019, it would be evident that the same have been issued
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