The absence of a Central Government notification declaring dolomite as a minor mineral and the conditions for granting quarry leases were crucial legal principles established in the judgment.

P.K. Jaiswal, J.

1. The writ Petitioner who is a journalist by profession has filed this public interest litigation against the illegal activities being carried out by the Mining Department of the State and praying for cancellation of trade quarry and quarry lease granted to the Respondent No. 10 and 11, on the plea that the trade quarry and quarry lease was granted for extraction of minor minerals whereas the mineral extracted from the said quarries is dolomite which is a major mineral and they are instead of minor mineral extracting major mineral and supplying the said material to the Railway Department. The State Government is losing revenue by way of royalty and to prevent the said loss of royalty to the State exchequer, the quarry lease of Respondents No. 10 and 11 be cancelled and appropriate action be taken for realizing the difference of royalty in accordance with law and the action be taken against the erring authorities who have granted trade quarry and quarry lease to them.

2. The facts briefly stated are that the Respondent No. 6, Collector Katni in auction granted trade quarry to Respondent No. 10 over an area of 2.00 hectares of survey No. 758 (part of village Sallaiya, Tehsil Murwara District Katni) for extraction of stone/Gitti for a period of one year commencing from 1.4.2008 to 31.3.2010 as per terms and conditions of the agreement. Another lease for extraction of Gitti over an area of 2.56 hectare of khasra No. 394 of village Gubradhari Tehsil Murwara District Katni was granted to Shri Niwabha A.D. Fight Private Limited vide order dated 12/5/2010 for a period of 10 years commencing from 23.06.2005 to 22.6.2015. The said lease was transferred in favour of Respondent No. 11 vide order dated 7.10.2008 under Rule 35 of M.P. Minor Mineral Rules, 1996 (in short 'Minor Mineral Rules') for a remaining period i.e. up to 22.6.2015. The transfer deed was executed on 2.12.2008 (Annexure R-11/8) and he was permitted to carry out mining operation on the same terms and conditions on which the quarry lease was granted in favour of original lessee.

3. It had come to the knowledge of the Petitioner that, as per topology report of Indian Bureau of Mine in respect of village Sallaiya and Gubradhari, the area contains Dolomite reserve and the material excavated from the said quarry is dolomite which comes under the category of major mineral and no permission to excavate major mineral under the cover of trade quarry and lease of minor mineral can be granted. The State Government is also suffering loss of revenue by way of royalty and as per chemical analysis report dated 16.5.2009 (Annexure P/5) the contents of silica in the said two villages is less than 2.21%. The Respondent No. 10 and 11 are excavating dolomite which is a major mineral.

4. The Respondent No. 1, 2, 3, 5 and 6 had filed their return and inter alia, contended that the area in question comes within the 'Transitional Zone", contains the mix dolomite features, but as per report (Annexure R/1) of Chief Analyst, Directorate of Geology and Mining, Regional Office, Jabalpur, the samples sent for chemical analysis do not contain the features of dolomite, as per the norms fixed by the Indian Bureau of Mines, Government of India, Department of Mines, New Delhi. It is further averred that the report of "Expert group on classification of mineral with regard to their possible optimum industrial use" issued by the Department of Mines, Ministry of Steel and Mines, Government of India, New Delhi in month of October, 1987. The composition of dolomite has been classified into three categories.

a) Refractory

i)

L.D. Grade

MgO

21% (Mm)

SiO2

1% (Max)

A1203

1% (Max)

Fe203

1% (Max)

Physical: fine granted and non-decrepitating trn calcinations.

ii) SMS and Fettling grade

Mgo

20% (min)

S102

4% (Max)

Total insoluble

6% (Max)

Physical: Homogenous fine granted and non-decrepitating on calcinations.

b) B.F. and Sintering grade:

MgO 19% (Min)

Acid insoluble 12% (Max)

(c) Glass:

CaO + MgO 50% (Min)

Fe203 0.15% (Ma