BHAGWAN SINGH Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Petitioner has knocked door of this Court, while invoking Article 226 of the Constitution of India, assailing the order dated 12th November, 2013, annexure No. 6 to the writ petition, whereby mining leases were granted in favour of the respondent Nos. 5 to 18 to undertake mining activities in their nap bhumi (personal land). Initially, ground to challenge the impugned order dated 12th November, 2013 was that no notice was ever published inviting applications from the general public as per the Rule 72 of the U.P. Minor Mineral (Concession) Rules 1963. Had there been any notification inviting the applications for the grant of the mining leases, petitioner would have applied and case of the petitioner could have also been considered.

(2.) After the counter affidavits were filed by the respondents pointing out that Rule 72 has been amended by the State Government vide Notification dated 30.04.2001 making provision that publication of notices inviting the applications for grant of mining leases shall be required except for the nap land (personal land), petitioner was permitted to carry out the amendment in the petition to challenge the amended Rule 72.

(3.) Learned counsel for the petitioner submits that mineral wealth/sub -soil rights vest in the State, therefore, mining lease is required from the State Government to carry out the mining activities even on the nap land (personal land). He further contents that since grant of lease is required before commencement of the mining activities on the nap land (personal land) too, therefore, State Government ought to have issued notices inviting applications from the general public so that all eligible would have applied and their cases would have been considered on their respective merit. He further contends that amended Rule 72 excluding the nap land (personal land) is arbitrary giving right to the Government to grant mining leases only to the owners of the nap land (personal land) depriving the general public in participating in the bid process for grant of lease, therefore, same should be declared ultra vires.