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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ.
Amit Kumar Sinha son of Sri Arun Kumar Sinha - Petitioner
Versus
The State of Jharkhand, through the Secretary, Department of Mines & Geology and Ors. - Respondents
W.P.(C) No. 4899 Of 2017
Decided On : 05-12-2023
Prospecting License - Mineral Concession - Mines and Minerals (Development and Regulation) Act, 1957, Section 10-A, 10-B, 10-C - The court dismissed the writ petition seeking direction for the issuance of prospecting license, holding that the petitioner became ineligible under Section 10-A(1) of the Act as the application was filed prior to the amendment and did not fall under the exceptions carved out in Section 10-A(2). The court emphasized the importance of accrued right for the issuance of license and interpreted the concept of vested right as defined by the Hon'ble Apex Court.
Fact of the Case:
The petitioner filed a writ petition seeking direction for the issuance of prospecting license for minerals. The Deputy Commissioner recommended the issuance of the license, but no decision was made, leading to the filing of the writ petition.
Finding of the Court:
The court found that the petitioner became ineligible under Section 10-A(1) of the Mines and Minerals (Development and Regulation) Act, 1957, as the application was filed prior to the amendment and did not fall under the exceptions carved out in Section 10-A(2). The court emphasized the importance of accrued right for the issuance of license and interpreted the concept of vested right as defined by the Hon'ble Apex Court.
Issues: The main issue was whether the petitioner was eligible for the issuance of prospecting license under the Mines and Minerals (Development and Regulation) Act, 1957, considering the timing of the application and the recommendations made by the Deputy Commissioner.
Ratio Decidendi: The court held that the petitioner became ineligible under Section 10-A(1) of the Act as the application was filed prior to the amendment and did not fall under the exceptions carved out in Section 10-A(2). The court emphasized the importance of accrued right for the issuance of license and interpreted the concept of vested right as defined by the Hon'ble Apex Court.
Final Decision: The court dismissed the writ petition, stating that the petitioner lacked merit in seeking the issuance of prospecting license.
JUDGMENT :
(Sujit Narayan Prasad, J.)
1. The writ petition under Article 226 of the Constitution of India has been filed seeking direction by way of command upon the respondents to consider the case of the petitioner in respect of grant of prospecting license in favour of the petitioner on the basis of application so made dated 10.05.2007 and 08.07.2007.
2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated, read as under:
In pursuance of an advertisement published in the Bihar Gazette dated 06.08.1986 the petitioner submitted his application for grant of mining lease, for the mineral Dolomite and Magnetite confirming to area of 55.22 acres of land situated under mouza Rabda and Hurmur within the district of Palamau along with all the requisites as provided under the provision of Mineral Concession Rules, 1960.
After making verification and inquiry vide letter no. 481 dated 28.09.2010 the matter of the petitioner was recommended by the Deputy Commissioner, Palamau to respondent no.1 for necessary action. The matter was taken by the respondent no.1 and at the same time vide letter no. 2288 dated 16.12.2010 the petitioner was informed about his willingness as to whether he is interested for the prospecting license with respect to the land in question or not. By the letter dated 16.12.2010 the petitioner vide his application dated 29.03.2011 had expressed his willingness for getting the prospecting license.
Initially the petitioner has applied for grant of mining lease for the said mineral Dolomite and Magnetite and due to non-availability of mineral Magnetite under the applied area he had not applied for the prospecting license for the said mineral and upon which the Director Mines sought verification from the petitioner vide his order dated 21.5.2011.
The petitioner in reply to letter no. 856 M dated 04.06.2011 addressing to the Addl. Director of Mines Jharkhand, Ranchi rectified his application for obtaining the prospecting license for the Mineral Dolomite Lime, stone, graphite and Magnetite by his application dated 13.06.2011.
However, the matter remained pending on the ground of seeking approval of the Minister from 15.6.2011 till 29.7.2011. On 04.08.2012, after examining all the technical points and also on the basis of his office noting the Addl. Director namely Sri Bishwanath Baitha forwarded the matter to the Director for seeking order of the Minister.
It is the case of the petitioner that in spite of the repeated endorsement made by the Addl. Chief secretary-cum- Secretary of Department to the Minister for seeking his approval for grant of prospecting license to the petitioner the Minister without examining the records and ignoring all the office noting of the high ranking officers with regard to approval for grant of prospecting license in favor of the petitioner on baseless and unreasonable ground without application of his mind rather had passed the order.
It is the further case of the petitioner that even after the option already given by the petitioner for obtaining the prospecting license for the alleged mineral and even repeated correspondence already made by the respondents vide letter no. 1038 dated 06.05.2013 the Director Mines sought approval with regard to grant of prospecting license from the Deputy Commissioner, Palamau.
Subsequently vide letter no. 393/M dated 20.06.2013 the Deputy Commissioner sent his approval for granting prospecting license in favour of the petitioner, but even thereafter no heed was paid upon the same and the matter remain pending without any cogent reasons, hence, the instant writ petition has been filed.
3. It is the grievance of the writ petitioner as per the pleading made as referred hereinabove that the competent authority of the State Government has been approached by filing application on 10.05.2007 thereafter on 08.07.2007 for grant of prospecting licence in favour of the petitioner for the mineral dolomite, lime stone, g
The main legal point established in the judgment is the importance of accrued right for the issuance of license under the Mines and Minerals (Development and Regulation) Act, 1957, and the interpreta....
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Rights under mining law cannot be claimed without compliance to submission procedures; failure to submit in required format negates any accrued rights.
The court emphasized the necessity of fair procedures and proper consideration of facts in administrative decisions regarding mining licenses.
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The court upheld that the State's refusal to renew a prospecting license was justified due to prior leases and forest designation, affirming that leases contrary to the Mines Act are void.
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The absence of a personal hearing does not violate natural justice when an applicant has the opportunity to make written representations, affirming the State's discretion in granting prospecting lice....
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