LAWS(CHH)-2024-4-35

ULTRATECH CEMENT LIMITED Vs. STATE OF CHHATTISGARH

Decided On April 25, 2024
Ultratech Cement Limited Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking following relief (s):

(2.) The petitioner had applied for grant of mining lease of limestone required for its captive uses in its cement plant for total 1008 Hects. situated at village Mohrenga, Murra, Math, Dhansuli, Kharora, Bangoli and Bepritola, Tehsil Tilda, District Raipur. The conditional No Objection Certificate (in short, NOC) was granted to the petitioner company by the Water Resources Department. Certain objections were also raised by the local people. The matter was travelled from the State Govt. Water Resources Department to the Mining Department and time to time various orders have been passed.

(3.) In the meantime, the Mines and Minerals Development and Regulation (Amendment) Act, 2015 (in short, the Amendment Act, 2015) came into existence, according to which, in the event of non execution of mining lease on or before 11/7/2017, the right of such applicant under clause-c of Sub-Sec. (2) of Sec. 10(A) of the Mines and Minerals (Development and Regulation) Act, 1957 (in short, MMDR Act, 1957) for grant of mining lease shall be forfeited and therefore, for one or the other reasons from 2007 up to 2016 mining lease was not granted in favour of the petitioner company. Further, in view of the Amendment Act of 2015, there was every possibility that the application of the petitioner for grant of mining lease of limestone may be forfeited after 11/1/2017, the petitioner company has filed the instant writ petition.