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M. S. RAMACHANDRA RAO, DEEPAK ROSHAN
Bolwa Oraon, son of Late Sukhram Oraon – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Per Deepak Roshan, J.
1) The instant writ application has been preferred by the petitioner praying for a direction upon concerned respondents to grant mining lease in favour of the petitioner as per Section 10A(2)(c) of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 (hereinafter referred to as "MMDR Amendment Act, 2015" for mining of Bauxite under Village Dokapat, Thana No. 98, District Gumla, having an area of 180.34 acres.
2) Before coming to the issue which has arisen for determination by this Court, it would be convenient to state the facts in brief.
The petitioner, being an individual, applied for grant of mining lease of Bauxite under Village Dokapat, Thana No. 98, District Gumla, having an area of 180.34 acres on 03.05.1986. Pursuant to said application, Divisional Forest Officer, Gumla, vide its letter no. 2497 dated 29.11.1987, issued "No Objection Certificate" in favour of petitioner for grant of mining lease and even Circle Officer, Chainpur granted "No Objection Certificate" regarding Gair Mazarua land and also gave details of consents given by owners of raiyati land pursuant to the application filed by petitioner.
3) The Government of Ind
The court affirmed that a petitioner has a vested right to a mining lease under Section 10A(2)(c) of the MMDR Amendment Act, 2015, provided all conditions of prior approval are met.
The court ruled that a recommendation by the State does not constitute a vested right or letter of intent under the MMDR Act, and the amended provisions apply prospectively.
An application for a mining lease requires prior approval from the Central Government, and those received before the Amendment Act of 2015 become ineligible, except when restored under certain provis....
Legislative amendments to the Mines and Minerals Act render pending applications ineligible, emphasizing transparency and auction processes for mineral concessions, with no retrospective applicabilit....
Mining Lease approvals were revoked due to the petitioners' failure to comply with statutory requirements, rendering prior approvals void.
Court affirmed that governmental compliance with judicial orders is mandatory, but eligibility for mining leases can be affected by subsequent legislative amendments.
The main legal point established in the judgment is the requirement for reasoned decisions based on relevant facts, the importance of providing an opportunity of personal hearing, and the need to rec....
A party must demonstrate a specific legal interest adversely affected by an action to establish locus standi; executive guidelines can clarify laws but do not override statutory provisions.
Point of law: An application for the renewal for a prospecting licence shall be disposed of by the State Government before the expiry of the period of prospecting licence and if the application is no....
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