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2014 Supreme(All) 1455

D. Y. CHANDRACHUD, DILIP GUPTA
SUKHAN SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Devbrate Mukherjee for the Petitioner; C.S.C., Ashish Malhotra and Pushpila Bisht for the Respondents.

JUDGMENT

By the Court.—This proceeding under Article 226 of the Constitution of India has been instituted in the public interest for espousing the interest of persons residing near the bank of the river Yamuna in Tehsil Kalpi, District Jalaun. The fourth respondent, in response to a notice dated 21 April 2008 issued by the District Magistrate under Rule 72 of the U.P. Minor Minerals (Concession) Rules, 1963 (the Rules) applied for the grant of a mining lease in respect of plot Nos. 4 and 5 of Gata No. 240, situated at Village Himanpura, Tehsil Kalpi, District Jalaun for a total area of 80 acres and in respect of mining plot in Gata No. 79/1 of Village Sankarpur, Tehsil Jalaun, District Jalaun, admeasuring 10.84 acres. On 24 October 2008, the District Collector submitted a recommendation to the State Government for the grant of its approval for a mining lease in respect of Plot No. 4 Gata No. 240 in terms of the Government Order dated 16 October 2004 under which prior approval of the State Government was required where the value of the lease was in excess of Rs. 5 lacs. A similar recommendation was made by the District Collector on 24 October 2008 in respect of plot No. 5 of Gata No.




































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