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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Padam Kumar Jain, Son of Late Harak Chand Jain – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The instant appeal is under Clause 10 of the Letters Patent is directed against the order dated 10.12.2021 passed by learned Single Judge of this Court in W.P.(C) No.816 of 2018 whereby and whereunder the writ petition has been dismissed.
2. The brief facts of the case, as per the pleading made in the writ petition is required to be enumerated which reads as under:-
3. It is the case of the petitioner that the matter relates to a mining lease for the mineral iron ore situated in Village Charipathburu, District, West Singhbhum, spread over an area of 209.25 acres (84.68 hectares) commonly known as the Thakurani Iron Ore Mine.
4. The petitioner/predecessor-in-interest became the lessee of the said Mine on 01.04.1969. In accordance with the Mineral Concession Rules, 1960 a renewed mining lease deed was executed on 09.06.1986 for a period of 30 years from 01.01.1982 to 31.12.2011. The said lease deed was executed in favour of one Gyan Chand Jain. On or about 02.03.1997, the lease was duly transferred in favour of the present petitioner after obtaining prior approval of the State Government and the State Government has acknowledged the petitioner as a valid mining lessee.
5. An
The court emphasized the necessity of adjudicating on the legality of a demand notice for compensation in mining cases to prevent irreparable loss to the petitioner.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
The State Government's order revising the commencement date of renewal of the mining lease was illegal, absurd, and a colourable exercise of power by the State violating the Petitioners' rights under....
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.
The State must timely address mining lease renewals; otherwise, it risks allowing continued operations based on statutory provisions.
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