NAR NARAIN MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) THE petitioners, in all these writ petitions are claiming grant/renewal of mining lease of minor minerals in accordance with the provisions of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 hereinafter called the "Rules, 1963". In several writ petitions, there is challenge to the Government Order dated 31/5/2012 and subsequent Government Orders dated 02/7/2012, 05/7/2012, 26/7/2012 and 05/9/2012. The questions raised in all these writ petitions being inter-connected, all these writ petitions have been heard together and are being decided by this common judgment.

(2.) IN Writ Petition No.37725/2012, Nar Narain Mishra Vs. State of U.P. counter affidavit and rejoinder affidavits have been exchanged in which the State has also filed its written submission, hence the said writ petition is being treated to be the leading writ petition and reference to the pleadings in the said writ petition shall suffice to decide the controversy raised in all the writ petitions. Apart from noticing the fact that in the leading writ petition, facts in certain other writ petitions shall also be noted to fully appreciate all the issues raised in this bunch of writ petitions. Writ Petition No. 32828/2012, has been filed by Shailendra Singh praying for a writ of mandamus directing the respondents, especially respondent no.2, to decide the mining lease renewal application dated 23/3/2011 in respect of Gata No. 2451 area 6.50 acre, situate in Village Jarar, Tehsil Naraini, District Banda. Petitioner, Shailendra Singh, claims to have been granted a mining lease on 16/10/2001, in the aforesaid plot for a period of 10 years. The petitioner is claiming a direction for deciding his aforesaid renewal application.

(3.) SUBSEQUENT to the order of this court, detail counter affidavit has been filed. As noted above, in Writ Petition No.32828/2012, the only prayer pressed by the petitioner was for a writ of mandamus directing the respondent no.2, the District Magistrate to decide the mining lease renewal application dated 23/3/2011. Now, the facts of the leading writ petition being Writ Petition No.37725/2012 are to be noted. The petitioner, Nar Narain Mishra was granted a mining lease under Chapter II of the Rules, 1963, on 17/5/2007, for a period of 3 years for an area known as Yamuna Zone No. 10, Plot No. 34A measuring 30 acres, P.S. Sarai Akil, District, Kaushambi. Petitioner made an application for renewal of the mining lease which is said to be pending. Petitioner has referred to notification dated 14/9/2006, issued by the Central Government in exercise of power conferred by sub-section (1) and Clause 5 (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986. The said Notification directs that on and from the date of its publication, the required construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to this notification entailing capacity addition with change in process and/or technology shall be undertaken in any part of India only after the prior environmental clearance from the Central Government or, as the case may be, by the State Level Environment Impact Assessment Authority.