LALLAN PRASAD Vs. DISTRICT MAGISTRATE, MIRZAPUR AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed for issuing a writ of mandamus directing the respondents not to restrain the petitioner from mining operation as per Condition No. 13 as mentioned in the agreement-dated 11.7.2002. Further issuing a writ in the nature of mandamus directing the respondent No. 3 to give "No Objection Certificate" in favour of the petitioner in the light of joint report dated 31.10.2001.

(2.) The facts arising out of the present writ petition are that the brother of the petitioner Lal Mani was recorded as Bhumidhar with transferable right of Plots Nos.1043, 1046, 1048, 1047 and 1049, area 5-10-10 situated in Borji Mukundpur. Pargana Kantit, Tehsil Sadar, District Mirzapur. From the perusal of Annexure 2 of the writ petition it clearly reveals that Arazi No. 1043 is a very big plot measuring area 68-0-2 out of which the petitioner has only claimed right over 5-10-10 recorded in the name of the family member. The petitioner's brother applied for mining lease in the year 1988 and was granted mining lease for a period of five years, which was valid up to 6.5.1993. Thereafter, with the consent of the petitioner's brother the petitioner applied for grant of mining lease and the same was granted which was valid up to 5.4.1999. After grant of mining lease, the petitioner started mining business and has also paid royalty as prescribed by the Rules. Vide order-dated 16.1.1998, the respondent No. 1 stopped the mining operation on the ground of judgment by the Apex Court in Godavaraman case. The respondent No. 1 has also cancelled the mining lease of the petitioner by order-dated 21.5.1998. A writ petition was filed before this Court as Writ Petition No. 30157 of 1998, which was disposed of finally with a direction to dispose of the representation of the petitioner within a period of six weeks. By order-dated 8.1.1999, the representation of the petitioner was decided and was rejected. A copy of the same has been filed as Annexure 6 to the writ petition.

(3.) The State Government had issued a Government Order dated 19.12.1998 in view of the judgment of the Apex Court in T.N. Godavaraman case that the mining operation will continue if the mining area is away more than 100 meters from the forest area. The earlier order was passed cancelling the lease of the petitioner by the respondent No. 1 without making any spot inspection and without any survey regarding to this effect whether the mining lease was within the limit of 100 meters or not. The State Government had directed all the District Magistrates of the State to form a Joint Committee for the purposes of survey. A Committee was constituted in which 30.12.2000 was fixed for the purposes of spot inspection. A joint report was prepared on 31.10.2001, whereby it has been mentioned that plot No. 1043 measuring areas 5-10-10 belonging to the petitioner is situated 105 meters away from the forest boundaries and there is a path available for igress and ingress. The petitioner moved an application on 9.11.2001 along with the requisite papers after depositing a fee of Rs. 3,000.00 for grant of mining lease. The same was received in the office of the respondent No. 2 on 13.11.2001.