In mining lease applications, statutory amendments mandating auction processes negate previous applications, impacting entitlement to lease relief.

JUDGMENT :

1. The instant writ petition has been filed under Article 226 of the Constitution of India seeking therein for the following reliefs: -

(i) For issuance of an appropriate writ/s, order/s, direction/s commanding and directing to the respondents to grant the Mining Lease for the mineral stone over Plot No.11563 (P) consisting of an area of 8.00 acres of land, situated under Mouza- Markacho within district-Koderma, pursuant to application filed by the Petitioner on 31.12.2010, since despite all the legal formalities already being performed by the Petitioner and even securing Environmental Clearance Certificate being issued by the State Level Environment Impact Assessment Authority (SEIAA), Jharkhand vide Letter No. EC/SEIAA/2014- 15/477/2014/1614 dated 30.09.2015, the aforesaid application of the Petitioner could not be disposed of on merit in accordance with law till date due to missing of record and the information about the same had already been given to the police or lodging First Information Report vide Letter No. 65 dated 13.02.2015 issued under signature of the Assistant Mining Officer, Koderma.

AND (ii) Further to direct the respondents to consider concerning to grant of fresh mining lease over the land being notified through the District Gazette of district-Koderma in the fortnightly issue of dated 20.11.2009 and on the basis of which the Petitioner had applied for anticipation to have got valid lease and in which the substantial amount has already been invested by the Petitioner and presently due to negligence of the authority, the Petitioner has incurred irreparable loss and at the same time has also been deprived from the sources of his livelihood and earning in contravening the provisions of Article 19(1)(g) of the Constitution of India;

AND/OR (iii) Further for grant of such other relief/s, as Your Lordships for which the Petitioner is legally entitled for.

Factual Matrix

2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, which read as under: -

(i) It is the case of the writ petitioner that in respect to the land bearing Plot No. 11563 (P) measuring an area of 8.00 acres of land situated under Mouza-Markacho, a mining lease for stone was granted to one Mahesh Prasad of the Village-Markacho and subsequently the lease was terminated and thereafter the area was notified for fresh settlement and was notified the term of Rule 46 of JMMC Rules, 2004 in the District Gazette, Koderma in the fortnightly issued on 20.11.2009.

(ii) Pursuant to the aforesaid notification being issued on 20.11.2009 the Petitioner submitted his application for grant of mining lease in the name of “Ganga Pathar Udyog” by an application dated 31.12.2010 along with all the requisites, prescribed fee and the aforesaid application was also received by the Receiving Officer on 31.12.2010. After submission of the aforesaid application by the Petitioner the necessary enquiry and verification was made at the level of Circle Officer including the Divisional Forest Officer, Koderma and on the basis of the report of karamchari being made on spot verification as well as on the basis of the record the karamchari submitted report to the Circle Officer stating therein that the nature of the applied land is hill and has not been settled with any else and is also beyond the demarcation of the forest land and recommended the case of the Petitioner for necessary action and likewise the Divisional Forest Officer vide Letter No. 2610 dated 10.10.2013 had also reported that the land is not the demarcation of forest, rather is situated at distance of 1 KM.

(iii) After