SURENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner was granted mining lease for certain areas for the period 24.10.2009 to 23.10.2012. However, because of the decision of the Lucknow Bench of this Court in the case of Mohd. Kausar Jah vs. Union of India and others, passed in Writ Petition No. 9416 (M/B) of 2010, mining operations of the entire State had been directed to be stopped with effect from 1.7.2011 in cases where the environmental clearance was not obtained by the mine owners or lease holders by 30.6.2011. The petitioner applied for such environment clearance certificate before the appropriate authority immediately after the judgment in the aforesaid case and finally got the environment clearance certificate on 4.3.2013. However, by the said date, the period of lease of the petitioner had already expired.

(2.) On 4.3.2013 the State of U.P. issued a Government Order to the effect that in all cases where mining operations had been stopped because of non-availability of the environmental clearance certificate of the lease holders and had thereafter got such certificate by 1.3.2013, then their period of lease may be extended for obstructed period during which they could not operate because of non-availability of environmental clearance certificate and in no case the total period of mining operations should be more than three years.

(3.) Even though such Government Order had been issued yet the petitioner was not given the benefit as the said Government order on the ground that the environmental clearance certificate should have been obtained by 1.3.2013, whereas in the case of the petitioner the certificate was issued on 4.3.2013. The petitioner then applied to the respondent authorities for being given the benefit of extension of the lease period, which remained pending with the State Government and finally on 30.12.2013 the State Government has issued directions to the District Magistrate requiring the District Magistrate to extend the period of mining operation of the petitioner by 480 days as he could not operate the mines for such number of days because of the environmental clearance certificate having not been issued in favour of the petitioner.