The Principal Secretary lacked jurisdiction to issue directives on compensation and rent payable by mineral concessionaires, which is solely the District Collector's responsibility under the Mining Rules.

JUDGMENT

Mr. Sureshwar Thakur, J.

Through all the writ petitions (supra) except CWP-23273- 2019, a challenge is made to a common thereto Annexure, issued by the Principal Secretary to Government, Haryana, Development and Panchayats Department, Chandigarh, to all the Deputy Commissioners, in the State of Haryana. The said Annexure, bears memo No. SBA-4- 2019/36764-775 dated 10.06.2019. Therefore, all the writ petition(s) are liable to be decided through a common verdict.

2. Moreover, since Gram Panchayat Kaliyana has instituted CWP-23273-2019, seeking the hereinafter extracted relief.

".... for issuance of a writ in nature of mandamus or any other appropriate writ, order of direction directing the official respondents to recover the arrears of compensation from the respondent No. 5 as land revenue, as provided in The Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 framed under the Mines Regulation Act and same be paid to the petitioner."

3. Therefore, the writ petition (supra) is also required to be decided alongwith the other connected writ petition(s), as it also relates to questions of law which are similar to the ones which are to be decided in connected writ petition(s) (supra).

4. Succinctly, through the Annexure (supra), a direction has been made, through the Deputy Commissioners concerned, thus to all the Gram Panchayats concerned, within the territorial jurisdiction of State of Haryana, that the mutually settled rent and compensation payable by the mineral concessionaire concerned, to the land owners concerned, thus being ensured to be not less than 10 per cent of the contract money. The said omnibus direction(s), for the reasons, to be assigned hereinafter, are infected with a vice of coram-non-judician and/or are made with complete lack of jurisdictional competence, rather vesting in the author of the impugned annexure.

5. Though the statutory liability fastenable, upon, the mineral concessionaire concerned, is both in respect of annual rent, as well as, in respect of compensation. However, the determination(s) of mutually settled rent between the mineral concessionaire and the land owner, is made, in terms of Rule 63 of the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 (hereinafter for short called as the 'Mining Rules, 2012').

6. However, when no rent is mutually settled amongst the land owner, and, the mineral concessionaire concerned, thereupon, the mineral concessionaire becomes liable to offer to pay, thus to the land owner concerned, hence, rent equal to the amount of annuity, as applicable from time to time, as payable under the R & R policy of the Government, in cases of land acquisition.

7. Moreover, in terms of Sub Rule (2) of Rule 64 of the Mining Rules, 2012, if yet the land owner is not agreeable for a mutual settlement, nor is satisfied with the rent offered to be paid, to him, under Sub Rule (1) of Rule 64 (supra), thus by the mineral concessionaire concerned, thereupon, the land owner or the mineral concessionaire, becomes bestowed with a statutory right, to access the mining officer-in-charge of the District concerned, so as to enable the latter to make a reference to the District Collector, for determination of fair rent payable in respect of the apposite lands.

8. Nonetheless, yet the Mining Officer in charge of the District, but as a pre-condition for his making the apposite reference, to the District Collector concerned, becomes entailed with the statutory obligation, to ensure that the mineral concessionaire, thus deposits the rent for one year, as prescribed in Sub Rule (1) of Rule 64 (supra), rather as tentative compensation with the Collector.

9. In the above event, the mineral concessionaire becomes entitled to commence mining operations at the site concerned.

10. Be that as it may, irrespective of the statutory provisions, embodied in Rule 63 and Rule 64 of