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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK RUSIA, PRADEEP MITTAL
Golden Stones – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. The present writ petition has been filed under Article 226 of the Constitution of India challenging the orders dated 24.01.2020 passed by the respondent No. 1/the State of Madhya Pradesh, 31.07.2018 passed by the respondent No.2/The Director, Directorate of Geology & Mining; and 24.02.2018 passed by the respondent No.3/Collector, District Chhatarpur, whereby quarry lease granted has been cancelled and the appeals preferred by the petitioner have been dismissed.
2. Facts of the case, in short, are as follows:-
The petitioner, M/s Golden Stones, is a registered Partnership Firm engaged in quarry operations. The petitioner was granted a quarry lease over land admeasuring 4.00 Hectares situated at Khasra No.1348, Gram Prakash Bamhauri, Tehsil Gaurihar, District Chhatarpur, M.P., for the extraction of “Stone for making Gitti by Mechanical Crushing” by order dated 09.03.2011. Pursuant thereto, a lease agreement was executed on 23.03.2011 for a period of ten years.
3. It is the case of the petitioner that despite execution of the lease agreement, possession of the leased area was never handed over to it by the respondent No.3. The petitioner made representations seeking delivery of
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
Mandatory notice before cancellation of a quarry licence must be properly served to ensure compliance with natural justice principles, or the cancellation is legally void.
Cancellation of mining lease without notice violates principles of natural justice; the court will not intervene when administrative processes are pending.
The Court holds that the administrative act of issuing a lease deed follows the grant of quarry lease upon satisfaction of conditions within stipulated timelines.
Power under the sub-rule (3) of Rule 6 of said Rules of 1994 can be exercised when a lessee commits breach of the said Rules of 1994 or of the terms and conditions incorporated in the quarrying lease
Compliance with statutory provisions is crucial; failure to commence operations within specified periods renders lease applications void.
The court emphasized the necessity for authorities to follow procedural rules before canceling mining leases, allowing alternative penalties rather than outright cancellations.
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