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2016 Supreme(All) 757

ARUN TANDON, SUNITA AGARWAL
VIJAY KUMAR DWIVEDI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Devbrat Mukherjee and Syed Rafat Ali for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—Connect with the PIL Nos. 28914 of 2016, 28905 of 2016, 28912 of 2016, 28906 of 2016, 28915 of 2016 and 28904 of 2016.

2. These seven writ petitions have been filed challenging the grant of leases for excavation of minor minerals subsequent to 31st May, 2012 either in the shape of extension of the term of the expired lease, its renewal or by grant of permission to continue with the mining for the obstructed period i.e. the period during which lease rights could not be examined on account of the interim orders passed by the High Court or the order of the Competent Authorities.

3. Other grievance raised by means of these writ petitions is in respect of illegal mining being carried out in the Districts namely Hamirpur, Deoria, Shamli, Fatehpur and Siddhartha Nagar. It is the case of the petitioner that despite there being no subsisting lease in favour of any person for excavation of minor minerals specifically sand, excavation of minor mineral is being carried out by Sand Mafias in collusion with the District Authorities. Form MM-11 are being issued by the District Authorities without there being any subsisting lease in favour of any persons only for circumventin































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