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IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR
Bharat Coking Coal Limited – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant writ petition filed under Article 226 of the Constitution of India, has been filed for the following reliefs:
(i) For issuance of an appropriate writ/order/direction upon the Respondents, specially the Respondents No.2 and 3 for restraining them from interfering in any manner with the coal mining activities being carried out by the petitioner on Plot Nos. 2420 and 2712 of Khata No.118 of Mouza-Bowakalan @ Barki Bowa in the district of Dhanbad which stood vested in the petitioner company on coming into force of the Coal Mines (Nationalisation) Act, 1973 with effect from 1/5/1973,
AND
(ii). For issuance of further writ/order/direction upon the Respondents restraining them from creating any disturbance in the on-going mining work of East Busseriya colliery on the plea that the coal mining activities are being carried on over forest lands.
Brief facts of the case:
2. The petitioner is holder of coal mining lease and engaged in coal mining activities. Further the East Busseriya colliery is situated at Mouza-Bowakalan @ Barki Bowa in the district of Dhanbad.
3. It has been stated that Plot No.2420 of Khata No. 118 has been recorded as Gai
The court affirmed that mining rights vested under the Coal Mines (Nationalisation) Act cannot be arbitrarily interfered with without due inquiry as mandated by law.
The court reaffirmed that the notification under the Indian Forest Act validly vested land with the State, and the appellate authority exceeded its jurisdiction by setting aside unchallenged notifica....
The main legal point established in the judgment is the lack of jurisdiction of Consolidation Authorities over forest land notified under Section-4 of the Indian Forest Act, 1927, and the vesting of ....
Lands cannot be classified as forest unless legally notified and proper procedures followed, invalidating requirements for governmental approval for non-forest activities.
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