JUDGMENT :

[Delivered by Hon’ble Mahesh Chandra Tripathi, J. for the Bench under Chapter VII Rule 1(2) of the Allahabad High Court Rules, 1952]

1. By means of writ petition (C.M.W.P. No.10037 of 2020) the petitioners, who are members of registered society are, in the business of extracting, crushing transporting, and selling the minor minerals in Madhya Pradesh and in other States, are challenging the 48th Amendment in Uttar Pradesh Minor Minerals (Concession) Rules, 1963, Rule 21 (4) and Rule 70 (2) of the Uttar Pradesh Minor Mineral (Concession) Rules, 2020, and Rule 21 (5) and Rule 72 (2) of the Uttar Pradesh Minor Mineral (Concession) Rules, 2021 and the Government Order dated 24.02.2020 and 10.08.2022.

2. While the aforesaid writ petition was pending, the petitioners preferred a Special Leave Petition before the Hon’ble Supreme Court stating that the writ petition was listed but neither the stay application was heard, nor the main petition. On this, Hon’ble Supreme Court directed this Court to decide the proceedings expeditiously. In view of the direction of the Hon’ble Supreme Court, we have taken up the present writ petition.

BACKDROP OF THIS CASE

3. Mines and Minerals (Regulation and Development) Act, 1957 (herein after referred as MMRD Act 1957 for the sake of brevity), has been enacted by the Parliament to provide for development and regulation of mines and minerals. The relevant section which are important for the adjudication of the current issues are being reproduced herein for reference:

4. Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 is as follows:-

“15 . (1) T he State Government may, by notification in the Official Gazette, make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith.

(1A) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the person by whom and the manner in which, applications for quarry leases, mining leases or other minerals concessions may be made and the fees to be paid therefor;

(b) the time within which, and the form in which, acknowledgement of the receipt of any such applications may be sent;

(c) the matters which may be considered where applications in respect of the same land are received within the same day;

(d) the terms on which, and the conditions subject to which and the authority by which quarry leases, mining leases or other mineral concessions may be granted or renewed;

(e) the procedure for obtaining quarry leases, mining leases or other mineral concessions;

(f) the facilities to be afforded by holders of quarry leases, mining leases or other mineral concessions to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations;

(g) the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time-within which and the manner in which these shall be payable;

(h) the manner in which the rights of third parties may be protected (whether by way of payment of compensation or otherwise) in cases where any such party is prejudicially affected by reason of any prospecting or mining operations;

(i) the manner in which the rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reasons of any quarrying or mining operations shall be made in the same area or in any other area selected by the State Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the quarrying or mining lease;

(j) the manner in which and the conditions subject to which, a quarry lease, mining lease or other mineral concession may be transferred;

(k) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passage for water for mining p