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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, DEEPAK ROSHAN
SGS Mines and Industries Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's application details and procedural history. (Para 2 , 3 , 4 , 5) |
| 2. challenge against the vires of amended rule 9(1). (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's critique on the application of amended rule. (Para 13 , 14 , 15 , 16) |
| 4. proposed necessity to exclude the pending applications from new rule. (Para 17) |
| 5. court orders issuance of letter of intent. (Para 18 , 19) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for the following reliefs:
(i) An appropriate writ, order or direction declaring that Rule 9(1)¼Ä½ of the JHARKHAND MINOR MINERAL CONCESSION RULES 2004 as amended by the Jharkhand Minor Mineral Concession (Amendment) Rules, 2017 as ultra vires article 14 and 19(1)¼Ä½ of the Constitution of India and Section 15 of the Mines and Minerals Development and Regulation Act, 1957;
(ii) Upon such declaration, for issuance of a further appropriate writ, order direction commanding upon the concerned respondent to process the petitioner's application for grant of Mining Lease for Building Stone applied for over an area of 10.10 Acres on Plot No. 3349(Part) under
The court ruled that amendments rendering pending applications ineligible violate constitutional rights, highlighting arbitrary treatment of applicants and the State's responsibility for delays.
(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....
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
Point of law: State Government have not so far issued any notification in terms of Section 17A, the Industrial Policy–2007 of the Kerala State Government does not have the effect of making a valid re....
The State has the authority to amend rules for granting mineral leases under the 1957 Act, and such amendments do not create retrospective effects on pending applications.
Merely because Rule 15(1) and its proviso of 2017 Rules was mentioned in the order of the Commissioner would not make the Rule applicable. Wrong mention of a provision cannot make the provision appli....
Point of Law : Orders and actions of the authorities cannot be equated to the judgments of the Supreme Court and High Courts nor can they be elevated to the level of the precedents, as understood in ....
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