JSW STEEL LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Since common question of law and fact is involved in both the writ petitions, they have been clubbed together, heard together and are being disposed of by this common order.

(2.) The petitioner herein has filed these writ petitions under Article 226/227 of the Constitution of India seeking relief that the notice dtd. 20/9/2022 (Annexure P-16) issued by respondent No.3 be quashed and further sought appropriate writ or direction declaring that the consequence of lapsing provision under Sec. 4A(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the MMDR Act') would not be applicable to them where the non- commencement or discontinuance of mining operations is for reasons beyond the control of the lessee including circumstances where the non- commencement or discontinuance is on account of pendency of grant of statutory clearances, and also sought relief to issue an appropriate writ, order or direction declaring that in respect of mining leases executed pursuant to the Mines and Minerals (Development and Regulation) Removal of Difficulties Order, 2017 (for short, 'the Order of 2017'), the period of two years prescribed under Sec. 4A(4) of the MMDR Act would commence only after receipt of Environmental Clearance (EC). Further, the petitioner has also sought relief that Rule 20(3) of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 (for short, 'the Rules of 2016'), as it stood prior to its substitution with effect from 1/11/2021, be declared as ultra vires to Sec. 4A(4) of the MMDR Act and alternatively, the period of 3 months stipulated in the pre- substituted Rule 20(3) be declared as directory and not mandatory in nature.

(3.) The aforesaid reliefs have been sought on the following factual backdrop: (Lead Case WPC 4817/2022)