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2017 Supreme(All) 2565
IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
DEVENDRA KUMAR UPADHYAYA, RAJESH SINGH CHAUHAN, JJ.
SUNIL KUMAR MISHRA - Appellant
Versus
UNION OF INDIA - Respondent
Misc. Bench No. 17361 of 2017
Decided on : 18-12-2017
For the Appellant :Amol Kumar and Dina Nath Saha, Advocates
For the Respondent:C.S.C, A.Z. Siddiqui, A.S.G. and Shailendra Singh Chauhan, Advocate
The State Government can deviate from mining permit rules in public interest under Rule 68 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963.
Headnote:
mining permit - dispute over excavation - Uttar Pradesh Minor Minerals (Concession) Rules, 1963 - Rule 55, Rule 68
Fact of the Case:
The petitioner applied for a mining permit to excavate earth for railway construction, but the police stopped the excavation work. The petitioner could not extract the entire volume of earth due to the stoppage of work, leading to a dispute over the extension of the permit.
Finding of the Court:
The court found that the petitioner was not at fault for the incomplete excavation and observed that the public interest in completing the railway track construction should be considered.
Issues: Dispute over the extension of the mining permit due to the stoppage of work by the police authorities.
Ratio Decidendi: The court invoked Rule 68 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963, empowering the State Government to deviate from the rules in public interest, and directed the State Government to make a conscious decision considering the public interest element.
Final Decision: The petition was disposed of with a direction to the State Government to decide on the petitioner's grievance within three weeks, invoking Rule 68 of the Rules.
DEVENDRA KUMAR UPADHYAYA, J.
1. Heard Sri Amol Kumar, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Sri A.Z. Siddiqui, learned counsel appearing for Lucknow Development Authority.
2. The petitioner appears to have applied for grant of mining permit for excavating the earth on certain land situate in village Alinagar Sunehra, Pargana Bijnor, Tehsil Sarojini Nagar, Lucknow which was required in connection with construction of retaining walls, buildings and other allied works in relation to doubling of Alamnagar-Utratia bypass railway line of Lucknow Division of Northern Railway. The petitioner was accordingly granted mining permit, a copy of which has been annexed as annexure No. 1 to the writ petition. According to the said permit, the petitioner was given permission for excavation of 55,000 cubic meter of earth between 25.02.2017 to 24.05.2017. The petitioner was granted the said permit after depositing a sum of Rs. 16,50,000/- towards royalty and also another sum of Rs. 16,50,000/- to the Nagar Nigam. The petitioner started excavation work pursuant to the said permit granted to him, however, on 06.04.2017, the police authorities of local Police Station concerned stopped the petitioner from excavating the earth.
3. It is on record (annexure CA-1 annexed with counter affidavit filed by Nagar Nigam) that the Officer In-charge (Mining) in the office of District Magistrate, Lucknow wrote a letter to the Additional Municipal Commissioner, Nagar Nigam, Lucknow that some information has been received that the petitioner has been violating the terms of the mining permit and as such an inquiry be conducted and accordingly appropriate action be taken against the petitioner.
4. It appears that pursuant to the said letter dated 06.04.2017 written from the office of District Magistrate to the Additional Municipal Commissioner, the authorities of the district administration and Nagar Nigam took some action which has resulted in stoppage of work of excavation by the petitioner on the direction of the local police authorities w.e.f. 06.04.2017 itself.
5. The fact that the police authorities of Police Station Krishna Nagar had stopped the petitioner from excavating the earth is clear from Clauses 2 and 3 of the letter dated 22.06.2017 written by the District Magistrate, Lucknow to the Principal Secretary of the State Government in the Department of Geology and Mining wherein it has clearly been indicated that the police personnel of Police Station Krishna Nagar had stopped the excavation work on the spot on 06.04.2017 itself. The Additional Municipal Commissioner thereafter wrote a letter to the Officer In-charge (Mining) in the office of District Magistrate, Lucknow stating therein that after inquiry, it was found that the petitioner had excavated only 14,663 cubic meter of earth though the permit granted to him was for the quantity of 55,000 cubic meter.
6. It appears that after inquiry, it was found that no illegality in excavation was committed by the petitioner pursuant to the mining permit granted to him. However, on account of stoppage of work at the instance of police authorities and also on the strength of letter dated 28.04.2017 issued by the Nagar Nigam, Lucknow to the petitioner (annexure No. 6 to the writ petition), the petitioner could not excavate the entire earth which has resulted in the work of laying of railway track being put to a halt.
7. The petitioner appears to have approached the authorities and it is in background of the aforementioned facts that the District Magistrate, Lucknow has written a letter on 22.06.2017 to the State Government bringing to its notice that despite the entire royalty amount having been deposited by the petitioner, he could excavate only 14,663 cubic meter of earth out of the total permitted volume of earth of 55,000 cubic meter on account of the fact that the petitioner was stopped from excavating the earth w.e.f. 06.04.2017. The said let
