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2014 Supreme(MP) 817
MADHYA PRADESH HIGH COURT AT JABALBUR BENCH
A.M.Khanwilkar, K.K.Trivedi, JJ.
ACC Limited - Appellant
Versus
M.P. Pollution Control Board and others - Respondent
Writ Petition No.4427-2014
Decided On : 28-03-2014
For the Petitioner:Shri Kishore Shrivastava, Senior Advocate with Shri Prem Francis, Advocate.
For the Respondent:Shri Rohit Jain, Advocate, Shri Samdarshi Tiwari, G.A.
The deeming provision in Rule 24-A (6) of the Mineral Concession Rules, 1960 extends the lease period until the State Government passes an order.
Headnote:
Mining Lease - Pollution Control Board - Mineral Concession Rules, 1960 - Rule 24-A
Fact of the Case:
The petitioner challenged the decision of the M.P Pollution Control Board and sought relief against the State Government for not taking any decision on the renewal of mining lease. The Pollution Control Board rejected the application for consent due to the absence of a valid mining lease.
Finding of the Court:
The State Government was directed to consider the application for renewal of lease expeditiously. The Pollution Control Board's decision was deemed to suffer from non-application of mind and was quashed. The petitioner was allowed to continue operations until a final decision was made by the Pollution Control Board.
Issues: Renewal of mining lease, rejection of consent application by Pollution Control Board
Ratio Decidendi: The court emphasized the deeming provision in Rule 24-A (6) of the Mineral Concession Rules, 1960, which extended the lease period until the State Government passed an order. The Pollution Control Board's decision was found to be lacking in application of mind.
Final Decision: Petition disposed of with directions to the State Government and Pollution Control Board.
Judgment:
A.M. Khanwilkar; CJ. (Oral):
In this petition, the petitioner originally challenged the decision of the M.P Pollution Control Board dated 7/3/2014. However, by way of abundant precaution, the petitioner has also asked for further relief against the State Government relying on the fact that even after submission of the application for renewal of mining lease on 16/10/2008, which was made well in advance, the State Government has not taken any decision thereon. As a result, by virtue of Rule 24-A of the Mineral Concession Rules, 1960 (for brevity “the Rules of 1960”), sub-rule (6) in particular, the State Government has deemed to have extended the lease by a further period till the State Government passes order thereon. This position is no more res integra.
2. Petitioner has relied on the decision of the learned Single Judge of this Court in Pratap Singh Chouhan Vs. State of Madhya Pradesh and another (1996 MPLJ 233). Petitioner has sought further relief of declaration and direction against the State Government consistent with the stipulation provided under Sub-rule (6) of Rule 24-A of the Rules of 1960. The petitioner, in our opinion, must succeed in this behalf. The State Authority is directed to consider the application of the petitioner for renewal of lease dated 16/10/2008 expeditiously, preferably within eight weeks. If that decision is adverse to the petitioner, the petitioner may challenge the same by way of appropriate proceedings which will have to be decided on its own merits.
3. The other core issue to be considered in the present petition is; whether the Pollution Control Board was justified in rejecting the application for grant of consent for carrying on the manufacturing activities on the ground that the petitioner has failed to submit valid mining lease? For that, we would usefully refer to the application made by the petitioner to the Pollution Control Board (Annexure P/11), which reads thus:-
Ref: ACC/KY/ENV/06
Date : 14.11.2013
Executive Engineer,
Madhya Pradesh Pollution Control Board
E-5, Arera Colony, Paryavaran Parisar, Bhopal – 16
Madhya Pradesh
K.A. Mr. Adesh Shrivastava EE
Sub: Renewal of Air & Water consent of 1520.22 Hec. Lime stone mines (Bamangaon & Mehgaon mines)
Ref:
1) Online application letter Air & Water for 1520.22 Ha Lime stone mines (Bamangaon & Mehgaon) dated 22.09.2013.
2) Your letter No. 7360/Tech/PCB/2013 dated 21.10.2013
This has reference to above application and subsequent letter received from your office regarding renewal of air & water consent of our 1520.22 Hectare mines (Bamangaon & Mehgaon lime stone mines)
We would like to bring your kind attention that on following points:
(1) We have applied in time for renewal of our existing Mining Lease 1520.22 ha (Koilia and other 15 villages), in Tehsil Vijayraghogarh of Katni District for Limestone and Clay (case No. 43/ML/2008 dated 16.10.2008) (Photocopy of application & Challan attached in Annexure I)
(2) a) Our application was recommended by Collector mining vide their letter no. 5987/Khanij/43/ML/renewal/2008 dated 21.12.2012 (Annexure II)
b) Commissioner Jabalpur also recommended regarding 250 meter forest clearance vide letter No. 4646/Khanij/2013 dated 13.09.2013 (Annexure III)
(3) There is no any communication received from Department of mines, regarding any shortcoming in application.
(4) Under rule 24(a)6 of mineral concession Rule, 1960, Collector Mines, Katni issued a certificate stating that, the matter is under process at mineral Resource Department and the lease treated as deemed renewal. (Annexure IV)
(5) On the basis of above rule, MPPCB Bhopal is also renewing our mines consent since 2009.
(6) This is only cement plant in Katni District and supporting livelihood directly and indirectly for thousands of people and giving revenue to State Govt. to the tune of Rs. 91.11 Cr. And Central Govt. & others amounting to Rs.244.79 Cr. per annum.
Our both the mines are captive mines and total cement plant is
