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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, SUDHANSHU CHAUHAN
Rameshwar Dutt Awasthi – Appellant
Versus
State of U.P. – Respondent
Judgment :
Saral Srivastava, J.
1. Heard Sri Bidhan Chandra Rai, learned Senior Advocate assisted by Sri Sanjay Kumar Nigam, learned counsel for the petitioner and Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II for the State- respondents.
2. The petitioner by means of the present writ petition has assailed the order dated 26.04.2017 passed by the respondent no.2-Additional Chief Secretary, Government of U.P. Lucknow whereby the application of the petitioner for extension of the lease deed has been rejected.
3. The facts, in brief, are that one Bhulli Maharaj S/o Hari Kishore Awasthi proprietor of M/s Bhulli Maharaj & Sons, Shankargarh, District Allahabad was granted a mining lease over an area of 47.06 hectare in Village Janwa, Tehsil Bara, District Allahabad for extraction of Silica Sand and minerals under the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'Act, 1957') read with the provisions of Mineral Concession Rules, 1960 (hereinafter referred to as ‘Rules, 1960’) for a period of ten years commencing w.e.f. 16.06.1979 to 15.06.1989.
4. The petitioner, thereafter, was granted first renewal under Section 8(2) of the Act, 1957 read wi
The State must timely address mining lease renewals; otherwise, it risks allowing continued operations based on statutory provisions.
The State Government's order revising the commencement date of renewal of the mining lease was illegal, absurd, and a colourable exercise of power by the State violating the Petitioners' rights under....
The application for renewal of a mining lease must be considered according to the rules in force at the time of disposal, and the reduction of the mining area must be in compliance with the relevant ....
The court established that the statutory provisions of the MMDR Act limit the duration of mining leases to 50 years, and acceptance of lease terms precludes claims for additional time based on interr....
Point of L aw: Mining lease - Mining lease granted to the petitioner was determined and therefore, the exception carved out by subsection (9) of Section 8A of the said Act of 1957 would squarely appl....
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