CHUHUL Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Petitioner before this Court is stated to have made an application for grant of mining lease in respect of minor minerals with reference to the notification published by the District Magistrate, Kushi Nagar dated 30.09.2011, Annexure-1 to the present petition. It is his case that the application was not processed by the District Magistrate as required, therefore, he had to approach the Hon'ble High Court by means of Civil Misc. Writ Petition No. 65513 of 2012. This writ petition was dismissed vide order dated 19.12.2012 with the observation that the District Magistrate may proceed in accordance with the Government Order dated 31.05.2012 and the Government Orders issued from time to time.

(2.) It is not in dispute that no further action could be taken only because of intervention of the Government Order which prohibited grant of any lease in respect of mining of minor minerals, which ban admittedly continued till 22.10.2014 when a decision has been taken to grant leases in accordance with the amended provisions.

(3.) We may also record that necessary amendments in the U.P. Minor Minerals (Concession) Rules, 1963 (herein after referred to as the Rules, 1963) and the conditions on which such leases are to be granted have been materially changed in view of the judgment of the Apex Court in the case of Deepak Kumar vs. State of Haryana, 2012 4 SCC 629 and in view of the orders of the National Green Tribunal.