The State must timely address mining lease renewals; otherwise, it risks allowing continued operations based on statutory provisions.

1. This Letters Patent Appeal has been preferred against the order dated 13.11.2014, passed in writ petition being W.P.(C) No.5368 of 2014 whereby, the learned single Judge quashed an order dated 04.09.2014 passed by this appellant - State. By this order dated 04.09.2014, State of Jharkhand had directed respondent to stop mining activities. While quashing an order dated 04.09.2014, learned Single Judge has directed the State of Jharkhand to take a decision under S.8(3) of Mines and Minerals (Development & Regulation) Act, 1957 (hereinafter referred to as "the Act, 1957" for the sake of brevity).

2. Learned counsel appearing for the appellant - State has submitted that initially the lease was granted on 22.02.1949 for 30 years, which expired in the year 1979. An application for extension of the first lease was preferred and the same was granted for another 30 years. The said extended period for lease also expired on 21.02.2009. On 08.02.2008, an application for extension of the lease was preferred and the same has not been granted by the appellant - State. Meanwhile, Hon'ble Supreme Court has decided in the case of Goa Foundation Vs. Union of India & Ors. reported in 2014 (6) SCC 590 , that there cannot be automatic extension of second lease period. Thereafter, an amendment has been brought and ultimately S.8A has been added with effect from 12.01.2015 in the Act, 1957, which reads as under:
"8A. Period of grant of a mining lease for minerals other than coal, lignite and atomic minerals - (1) The provisions of this section shall apply to minerals other than those specified in Part A and Part B of the First Schedule.
(2) On and from the date of the commencement of the Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015, all mining leases shall be granted for the period of fifty years.
(3) All mining leases granted before the commencement of the Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015 shall be deemed to have been granted for a period of fifty years.
(4) On the expiry of the lease period, the lease shall be put up for auction as per the procedure specified in this Act.
(5) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, where mineral is used for captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st March, 2030 with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with.
(6) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015, where mineral is used for other than captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st March, 2020 with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with.
(7) Any holder of a lease granted, where mineral is used for captive purpose, shall have the right of first refusal at the time of auction held