RANCHI, India, Sept. 25 -- Jharkhand High Court issued the following order on Aug. 25:
1. The instant writ petition under Article 226 of the Constitution of India is directed against the order dated 28.11.2017 passed by the respondent no.2 in Revision Case No.69/2016, by which, revision application of the petitioner has been dismissed and further a direction be issued to respondent no.3 to extend the period of lease of the petitioner from 5 years to 10 years.
2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, which read as under: -
(i) It is the case of the writ petitioner that he has granted mining lease of stone over an area of 15.04 acres situated in Patnibona under P.S.-Taljhari, District-Sahebgunj for the period of 10 years on 11.03.2000. Before expiry of the mining lease in the year 2000, he has made an application for its renewal for a period of further 10 years vide application dated 09.10.2009 whereby the requisite fee and the documents were also attached with the renewal application.
(ii) Despite of making an application to renewal of the mining lease for a further period of 10 years, the lease was renewed only for a period of 5 years vide order dated 21.10.2009 passed by the respondent no.4.
(iii) Thereafter, again on 08.11.2014, the petitioner applied for renewal of the lease by making application for a period of 10 years but unfortunately, the renewal was done for a period of 5 years, i.e., from 31.03.2015 to 2020. The petitioner requested the respondent no.3 to renew the mining lease for a period of 10 years. The environmental clearance certificate was granted to the petitioner before the renewal of mining lease in the year, 2015. In the year, 2014, the petitioner also submitted the mining plan as well as the progressive Mines Closure Plan.
(iv) Admittedly the area in which the mining lease was granted to the petitioner is a Gair Majrua land and not a raiyati land and hence, respondents ought to have renewed the mining lease of the petitioner for a further period of 10 years.
(v) Vide letter dated 14.03.2016, the petitioner represented before the Deputy Commissioner, Sahebgunj to take into consideration the case of the petitioner and increase the renewal period of mining lease from 5-10 years.
(vi) In case of one Chandeswar Prasad Singh, the Mines Commissioner Patna, Bihar vide order dated 02.02.1995 in Revision Case No.209 of 1994 has been pleaded to allow the revision application and extended the lease period from 5 years to 10 years. Similarly, renewal of stone mining lease over an area of 2.50 acres of land, has also been granted in favour of M/s Shiv Shaktio Stone Works for a period of 10 years by the Deputy Commissioner, Sahebgunj.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrPjpearVb9B2cSRWUCpzRuWye4NAfn5uYD3RTXAeGcUg&caseno=WPC/668/2018&cCode=1&cino=JHHC010044232018&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
