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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Anil Kumar Agrawala – Appellant
Versus
State of Jharkhand through Secretary, Department of Mines and Geology – Respondent
| Table of Content |
|---|
| 1. background of the mining lease application process. (Para 2 , 3) |
| 2. arguments presented by both parties. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's analysis of the mining lease process. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. evaluation of the accrued rights post-mmdr amendment. (Para 29 , 30 , 31) |
| 5. final determination and dismissal of the writ petition. (Para 52 , 53 , 54) |
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant writ petitioner has been filed under Article 226 of the Constitution of India for the following relief(s):
“A. For the issuance of appropriate writ(s)/ order(s)/direction(s) in the nature of certiorari for quashing the order contained in letter No. 1043 dated 07.05.2019 (Annexure-9) issued under the signature of Respondent- Director, Mines whereby and whereunder the application of the petitioner for grant of Mining Lease over an area of 11.21 Hect. at village Charghara and Khedawara in the District of Giridih for granite which had been discovered under the prospecting license/area of the petitioner has been cancelled.
B. For the issuance of appropriate writ(s)/ order(s)/direction(s) in the nature of Mandamus for
Rights under mining law cannot be claimed without compliance to submission procedures; failure to submit in required format negates any accrued rights.
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....
The court emphasized the necessity of fair procedures and proper consideration of facts in administrative decisions regarding mining licenses.
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.
There was a specific notification issued on 10th June 2011 by the Director of Mines and Geology in exercise of the powers under Section 5 read with Section 8 of the said Act of 1957 of grant of minin....
Point of law: Rule 12 (5) (b) of APMMC Rules, 1966 provides relaxation to the authorities to consider applications on the priority basis, by recording any special reasons
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 that the entitlement to mining lease and the transfer of prospecting license must comply with the requirements of the Mineral Concession Rules, 196....
The issuance of a mining lease without affording adequate opportunity for a hearing violates principles of natural justice.
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....
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