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2022 Supreme(P&H) 972

M. S. RAMACHANDRA RAO, H. S. MADAAN
Kanwaljeet Singh Gill – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. Mansur Ali, Advocate for Mr. Tushar Madaan, Advocate, for the Appellant; Mr. P.S. Bajwa, Addl.A.G., Punjab., for the Respondent.

JUDGMENT

M.S. Ramachandra Rao, J. (Oral) - In this Writ Petition, petitioner is seeking refund of amount of security and earnest money of Rs.6,07,82,390/- along with compound interest at the rate of 24% per annum from the date of deposit till the date of realization.

2. The State of Punjab has issued an auction notice with regard to certain sites of mining on 13.6.2017 vide Annexure P1. Petitioner was successful for the mining area of Ailgran. Provisional approval was issued to the petitioner vide Annexure P2 on 7.7.2017 for Rs.6,07,82,390/- paying the yearly contract money.

3. Thereafter, the General Manager-Cum-Mining Officer wrote to the Director, Ministry of Environment and Forest, New Delhi vide Annexure P3 dt. 28.8.2017 for transfer of environmental clearance certificate in favour of the petitioner. The same was however effected only on 27.12.2017 vide Annenxure P4.

4. According to the petitioner, the Government of India had granted the environmental clearance to the Government of Punjab for a period of five years vide letter dt.28.6.2013. The clearance, therefore, lapsed on 28.6.2018, and so the petitioner could not do mining.

5. The petitioner completed all the formalities as re

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