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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., NAVNEET KUMAR, J.
Bharat Poddar, Son Of Shri Basant Poddar – Appellant
Versus
The State Of Jharkhand, Department Of Mines & Geology – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant writ petition, under Article 226 of the Constitution of India, has been filed for the following reliefs:
(I) For a direction upon the concerned Respondents to forthwith grant prospecting mining lease to the Petitioner under Section 10 (3) of the Mines and Minerals (Development and Regulation) Act, 1957, in respect of the Application dated 14.07.2011 (Annexure-1), which was filed by the Petitioner for grant of prospecting license of Graphite Ore in Village Ekta, Lesliganj, Palamau, especially in view of the fact that the said application was duly processed vide Letter No. 34 dated 21.01.2013 (Annexure-4), all the documents were duly verified and found to be correct by the concerned Respondents vide letter No. 511 dated 16.08.2014 (Annexure-5) and as per File Note Sheet dated 09.01.2015 and dated 12.01.2015 (Annexure-6 Series) by which the proposal for publication of Notification of proposed area was made and only the prospecting license was required to be issued to the Petitioner by the Respondent Department, which could not be made due to operation of Code of Conduct and therefore newly inserted Section 10 A of the Mines and Minerals
Legislative amendments to the Mines and Minerals Act render pending applications ineligible, emphasizing transparency and auction processes for mineral concessions, with no retrospective applicabilit....
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.
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.
(1) Lease of Government Land – There is no right vested over application made which is pending seeking lease of a Government land or over minerals beneath soil in any type of land over which Governme....
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....
Mining Lease approvals were revoked due to the petitioners' failure to comply with statutory requirements, rendering prior approvals void.
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....
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....
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