BALRAJ SURI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Balraj Suri applied to the State of Uttar Pradesh on 22-2-1969 for grant of mining lease for extraction of major minerals.. Chemical Limestone, Gypsum and Delomite. In his application vide the several columns in Annexure X, he stated that the extent of the area he wanted, was 88 acres near Benog, Cloudesed in Mussoorie District Dehra Dun along with the road leading to Benog. The area was marked in the attached Survey of India Topographical map sheet No. 5 31 J-3. It was stated that it was not a forest area. The said area of 88 acres was also shown in red colour marked with points A, B, C, D, E, F, G and H. Various distances were also given in the application.

(2.) On the same date he made another application for grant of mining lease under the Uttar Pradesh Minor Mineral Concession Rules, 1963, for the extraction of minor minerals, viz limestone and marble. He was granted minor mineral mining lease to the extent of 30 acres out of the aforesaid area for which a lease deed was executed on 29-5-1972.

(3.) But the application for major mining lease was neither refused nor granted, it was treated as a case of deemed refusal and tht petitioner filed a revision application on 10-3-1970 to the Government of India. It appears that while sending its comments, the State Government pointed out that the application has stated that the area was only as much as 88 acres but the actual area was 242.35 acres. The Central Government made an order on 29-3-1972 under Rule 55 of the Mineral Concession Rules, 1960 (MCR 1960) directing the State Government to" consider the application for grant of mining lease for chemical limestone, gypsum and dolomite over an area of 242.35 acres in village Benog Coudend, District Dehra Dun and pass suitable orders on merits of the case within a period of four months". Further case of the petitioner is that the State Government instead of deciding his application, granted out of the same area mining leases to M/s Dyers Stone Lime Co. Ltd., respondent No. 3 on 10-6-1972 in an area measuring about 55 acres and of 30 acres to U.P. Minerals, respondent No. 4 on 23-10-1973. In spite of repeated requests by the petitioner, and grant of extension of time, the U.P. Government did not take any action and eventually on 16-9-1972 he filed another revision petition under Rule 54 of the MCR 1960. He was informed on 23-11-1972 by the Government of India that the revision was not maintamable as there was no specific order of the State Government. It was on 3-3-1976 that the State Government rejected his application on the ground that the proposed mining will affect (1) forest wealth, (2) stability of the formations, (3) the pumping station on Dhobighatnala, (4) the Kamptee falls, which wee a tourist attraction and (5) mining leases have already been granted to two other parties.