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RAVINDRA MAITHANI
Balbeer Singh Negi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
The challenge in this petition is made to Office Memorandum dated 01.12.2020, issued by the respondent no.1, by which, the representation given by the petitioner for extension of his mining lease has been rejected. The petitioner also seeks directions that the respondent no.1 may be directed to permit the petitioner to carry out mining operation for the remaining period of four years, for which, he was deprived for carrying out the mining operation.
2. Heard learned counsel for the parties and perused the record.
3. It is the case of the petitioner that in the year 2014, he was granted mining lease for lifting mines and minerals for a period of 05 years. The deed was registered on 24.01.2014. The mining was to be done for 09 months in a year. The petitioner carried out mining operation, but due to flood and other natural calamities he could not continue the operation after May, 2014 as the entire mining area was covered with flood water and it had become impossible for him to carry out the mining operation. Despite those situations the respondent- authorities demanded royalty amount plus interest from the petitioner. The petitioner on 23.04.2015 made a
The main legal point established in the judgment is that in cases of natural calamities and inaction by authorities, a party entitled to relief should be placed in the same position as if the wrong h....
The State must timely address mining lease renewals; otherwise, it risks allowing continued operations based on statutory provisions.
A mining lease holder must obtain Environmental Clearance before commencing operations, and failure to do so precludes any extension of the lease period under the Rajasthan Minor Mineral Concession R....
The court ruled that any arbitrary State action that suspends a lease without due process necessitates consideration for relief to ensure compliance with the principles of natural justice.
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....
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