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.

(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 Kachhar, Tehsil-Sikanda, District- Kanpur Dehat, of Rs.264 per cubic meter, being the highest bid, was approved by the District Magistrate and a Letter of Intent was issued to the petitioner on 5.2.2019. The petitioner applied for a mining plan which was sanctioned by the competent authority and thereafter the petitioner applied for obtaining an Environment Clearance Certificate, which was granted to the petitioner on 15.1.2021. Thereafter, a lease-deed was executed in favour of the petitioner on 12.3.2021 for a period of five years permitting winning of 1,10,057 cubic meters per annum of sand/morrum with the installments (excluding the security amount) for the first year totaling Rs.2,90,55,048.00 and for each successive year, the royalty payable would be increased by 10% on the royalty payable in the previous year. An amount of Rs.2,20,31,460.00 was deposited by the petitioner as security.

3. It is stated that the petitioner had carried out mining operations and paid the entire installments due upto 30.6.2023 as per the payment schedule specified in the lease-deed. A notice dated 2.6.2023 was issued by the Additional District Magistrate (Administration), Kanpur Dehat directing the petitioner to get the pre-monsoon and post-monsoon replenishment study done of his mining area. The petitioner got the replenishment study of pre-monsoon done on 25.6.2023. It is stated that even after post- monsoon, the leased area was completely submerged and, hence, it was not possible to carry out post-monsoon survey and no mining operations were possible and, therefore, the petitioner moved an application on 5.10.2023 before the District Magistrate requesting him not to compel the petitioner to deposit the lease amount post- monsoon till the replenishment study was done. It is stated that the post-monsoon survey was done on 29.10.2023 and a combined report of pre-monsoon and post-monsoon was submitted before the District Magistrate. The Mines Officer issued a demand notice dated 25.11.2023 demanding the installment of October and November 2023. The petitioner moved an application dated 28.11.2023 stating that the entire leased area is submerged and a very small patch of surface was seen which belonged to the restricted area. Again, a request was made by the petitioner to the District Magistrate to waive off the installment for the period starting from 1.10.2023 till actual commencement of the mining operations.

4. Again, the Mines Officer issued a demand notice to the petitioner on 4.12.2023 demanding the due installments. The petitioner sent an application dated 11.12.2023 to the District Magistrate requesting him to waive off the installments for the period with a further request that the petitioner be allowed to get the leased area re-assessed by the competent agency for