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IN THE HIGH COURT OF ALLAHABAD
Anjani Kumar Mishra, J, JAYANT BANERJI
Anandeshwar Agro Foods Private Ltd – Appellant
Versus
State Of UP – Respondent
(Per: Hon. Jayant Banerji,J.)
1. This writ petition has been filed seeking quashing of the demand notice/ order dated 19.2.2024 and the order cancelling the mining lease dated 27.2.2024 both passed by the District Magistrate, Kanpur Dehat. Also under challenge is the order of 18.4.2024 passed by the Special Secretary, Geology and Mining, U.P. in Revision No. 33(R)/G&M/(U.P)/2024, M/s. Anandeshwar Agro Foods Pvt. Ltd. vs. District Magistrate, Kanpur Dehat (Annexure-1 to the writ petition) filed by the petitioner whereby his revision has been rejected. A further prayer seeks direction to the respondents not to demand any monthly installments specified in the lease deed for the months of October, November and December, 2023, and, January and February, 2024.
2. An advertisement/auction notice dated 3.12.2018 was issued by the District Magistrate, Kanpur Dehat for grant of mining leases of sand/morrum under Chapter IV of the U.P. Minor Mineral (Concession) Rules, 1963, Rules, 1963 by e-tender cum e-auction for a period of five years for all vacant mining areas in Kanpur Dehat district. The bid of the petitioner, in respect of plot No.58 measuring 08.275 hectares at Village-Bilaspur Kachha
The court ruled that mining leases must comply with environmental guidelines, including the preparation of District Survey Reports and replenishment studies, to ensure sustainable mining practices.
Replenishment study mandatory prior to granting EC for river bed sand mining to ensure sustainability; EC without it invalid, though no interference if study completed subsequently under judicial pro....
Mandatory replenishment study required before sand ghat auction and environmental clearance; fresh study post-depleting overlapping mining essential; royalty and clearance based on actual replenished....
Valid SEIAA-approved DSR mandatory precondition for sand mining auctions, EC grants; State cannot amend without statutory appraisal/approval; invalid DSR voids leases/EC; operations illegal, compensa....
Valid District Survey Report approved by SEIAA mandatory before sand mining auctions/leases; State amendments without statutory appraisal illegal; mining without it violates environmental laws.
Mining plan approvals violating DSR limits on quantity/area, lacking replenishment studies and NABL bulk density assessment, held illegal; DSR mandatory pre-auction with strict procedural compliance ....
E-auctions for river sand mining leases were quashed as they violated the Supreme Court's directive requiring replenishment and block mining regulations, highlighting the necessity for adherence to s....
E-auction and mining lease for minor minerals invalid without SEIAA-approved DSR and replenishment study.
E-auction and mining lease invalid without SEIAA-approved DSR and replenishment study; DEIAA DSRs require reappraisal.
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