RAM JAI SHRI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Dr. R.G. Padia assisted by Sri Prakash Padia for petitioner and Sri S.P. Singh for Respondent No. 4 as well as learned Standing Counsel for rest of the respondents.

(2.) SRI Bharat Lal -Respondent No. 4 was granted a mining lease for excavating building stone, gitti, bolder and mild stones in respect of Plot No. 485 (area 5 acres) for a period beginning on 1 -7 -1994 up -to 1 -7 -1999. He applied for renewal under Rule 5 of The Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (in short the Rules) on 3 -10 -1998, and deposited. Rs. 1,000 as renewal fees on 16 -10 -1998. The renewal application was registered on 30 -10 -1998, it was to be disposed of within four months and if it was not disposed of within the said period, the mining lease is deemed to have been renewed for six months from the date of its expiry to commence from the date of expiry of the original lease deed. It appears that no action was taken on this application and as such Bharat Lal approached State Government, under Rule 78, upon which a direction was issued on 19 -5 -1999 to the District Magistrate to decide the application expeditiously. In the meantime, the State Government introduced a new mining policy vide Government Order dated 16 -3 -1999 providing for auctions. Apart from the exceptions provided with regard to excavating lime stones, morang, sand, etc. this Government Order applied Chapter -IV for settlement by auction to the entire area where ever minor minerals were found in the State. The policy provide in para 5 that, such orders under which lease or permit are granted shall continue, till expiration of the period of lease, but as soon as the permit expires, declaration shall be issued under Rule 23(1) of the Rules for granting lease by auction, or by tender or by auction -cum -tender system, and the period of lease shall be fixed as for as possible so that the lease in respect of river bed minerals shall expire in the month of September, and for in situ rock type mineral to expire according to financial year. The new mining policy was upheld by this Court in Uma Crushing Stone Co. v. State of U.P. and others, reported in 2001(1) AWC 433. The Court is informed that special leave petition against the aforesaid judgment is pending.

(3.) A notification was issued on 1 -3 -2001 under Rule 72 inviting application in respect of the areas for which renewal has not been accepted, after new Mining Policy was enforced, including subject Plot No. 485 (area 5 acres) in village -Patti Kala, Tehsil -Chunar, District -Mirzapur. This notification dated 2 -1 - 2003 has not been challenged by Bharat Lal. In the meantime by Government Order dated 30 -12 -2000 the Mining Policy dated 16 -3 - 1999 was withdrawn, and the old policy with regard to grant of mining leases in Chapter -II was made applicable, and that all those existing leases which were continuing in pursuance of auction/auction -cum -tender system, were provided to continue until the areas became available under Rule 24 to be withdrawn from auction system to grant of lease under Chapter -II. Para 6 of this Government Order dated 30 -12 -2000 provided that looking into the geographical position of area and taking into account the technical opinion of the Director of Mines and Minerals, the period of lease shall be ordinarily 3 to 5 years and the renewal shall also be made for the same period, but where the lessee has not applied under Rule 6 -A for renewal of lease, the area shall be treated to be vacant and shall be notified under Rule 72 for grant of lease areas.