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.

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 India, Ministry of Steel and Mines, passed order in terms of Section 5(1) of Mines and Minerals (Development and Regulation) Act, 1957 (for short "MMDR Act") granting prior approval for grant of mining lease by imposing a condition for submission of mining plan duly approved by Indian Bureau of Mines (for short "IBM").

4) Subsequent to said prior approval granted by Government of India, erstwhile State of Bihar, vide its letter contained in Memo No. 7809/M dated 30th November, 1989, recorded the fact of previous approval granted by Government of India and, accordingly, informed Assistant Mining Officer, Lohardaga that previous approval has been granted by Government of India for grant of mining lease in favour of petitioner on a condition that the petitioner would submit mining plan duly approved by IBM. In the said letter, it was clearly recorded that previous approval has been granted by Government of India subject to approval of mining plan by IBM, failing which, previous approval towards mining lease granted in favour of petitioner would be treated to be an approval only for Prospecting Licence. Consequent upon such previous approval granted by Government of India, IBM, vide its letter dated 27.11.1990, granted approval of mining plan in favour of petitioner. Said approval of Mining Plan was also directly communicated to erstwhile State of Bihar and the said fact is recorded in the letter bearing Memo No. 1854/M dated 06.04.1991, wherein Director, Mines, State of Bihar informed to Assistant Mining Officer, Lohardaga that approval of mining plan has been received by the State of Bihar directly from IBM and direction was issued to Assistant Mining Officer, Lohardaga to obtain instructions from petitioner as to whether the petitioner intends to establish an industry over the mining area or not. In the said letter, Assistant Mining Officer, Lohardaga was further directed to ascertain the number of trees, etc., situated over the Gair Mazarua land (Government land) through the office of Circle Officer and to get the valuation of said trees done from Circle Officer, Lohardaga. A copy of the said letter was also marked to the petitioner.

5) Pursuant thereto, Assistant Mining Officer, Lohardaga, vide its Letter No. 506/M dated 10.07.1991, directed the petitioner to clarify as to whether he intends to establish an industry over the mining area or not, and, consequent thereto, the petitioner submitted its detailed Project Report before the Respondent-authority. However, despite aforesaid compliances being made, matter pertaining to execution of mining lease in favour of the petitioner was pending before the authorities of the State of Bihar and, in the meantime, on 15.11.2000, erstwhile State of Bihar was bifurcated and the new State of Jharkhand was created.

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