HARYANA MINING COMPANY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted. This Appeal has been filed against the judgment of the Punjab and Haryana High Court dtd. 6/9/2021 dismissing the writ petition filed by the Appellant, which sought to challenge the order dtd. 10/1/2020 whereby the mining lease granted to it was terminated by the Director General, Mines and Geology, Haryana (hereinafter, the "Termination Order") and the order dtd. 11/8/2021 by which the appeal filed against the Termination Order was dismissed by the Appellate Authority (hereinafter, the "Appellate Order").

(2.) The facts necessary for disposal of this Appeal are detailed hereinafter. The Appellant participated in an eauction conducted by the State Government for grant of mining lease of "stone along with associated minor minerals" in an area of 6.70 hectares, falling in Khasra No. 7, Village Garhi, District Mahendargarh. The bid of the Appellant was accepted and a Letter of Intent dtd. 24/7/2015 was issued to the Appellant. Pursuant to this, a lease deed was executed between the Appellant and the State Government on 11/4/2016. The Appellant commenced mining operations on 15/6/2016, after the mining area was demarcated on 11/5/2016. Demarcation of the mining area was further conducted on 23/2/2017 and 21/8/2018. On 17/12/2018, another demarcation of the mining area was done in view of certain complaints against the Appellant of illegal mining conducted by exceeding the permitted area of mining.

(3.) Thereafter, a complaint was preferred by the Sarpanch of Village Khudana, adjoining Village Garhi, by way of resolution dtd. 8/1/2019, alleging illegal mining being carried out by the Appellant on a hillock next to the mining area leased to the Appellant. On 4/2/2019, the District Mining Officer submitted a letter to the Director, Mines and Geology, bringing to his notice the earlier complaint filed against the Appellant in October, 2018 and the subsequent complaints preferred by the Sarpanch of Village Khudana on 8/1/2019 and 25/1/2019, alleging illegal mining by the Appellant beyond the leased area. An enquiry was conducted by the Additional Deputy Commissioner-cum-Nodal Officer, District Illegal Mining Observation Team, Narnaul. A report was submitted by the said team on 25/2/2019 (hereinafter, the "ADC Report"), in which it was observed that illegal mining was found to have taken place in Khasra Nos. 366-367 in the Aravali Forest area. However, it could not be proved as to who committed the said excavation.