SUNIL KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Amol Kumar, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Sri A.Z. Siddiqui, learned counsel appearing for Lucknow Development Authority.

(2.) The petitioner appears to have applied for grant of mining permit for excavating the earth on certain land situate in village Alinagar Sunehra, Pargana Bijnor, Tehsil Sarojini Nagar, Lucknow which was required in connection with construction of retaining walls, buildings and other allied works in relation to doubling of Alamnagar-Utratia bypass railway line of Lucknow Division of Northern Railway. The petitioner was accordingly granted mining permit, a copy of which has been annexed as annexure No. 1 to the writ petition. According to the said permit, the petitioner was given permission for excavation of 55,000 cubic meter of earth between 25.02017 to 24.05.2017. The petitioner was granted the said permit after depositing a sum of Rs. 16,50,000/- towards royalty and also another sum of Rs. 16,50,000/- to the Nagar Nigam. The petitioner started excavation work pursuant to the said permit granted to him, however, on 06.04.2017, the police authorities of local Police Station concerned stopped the petitioner from excavating the earth.

(3.) It is on record (annexure CA-1 annexed with counter affidavit filed by Nagar Nigam) that the Officer In-charge (Mining) in the office of District Magistrate, Lucknow wrote a letter to the Additional Municipal Commissioner, Nagar Nigam, Lucknow that some information has been received that the petitioner has been violating the terms of the mining permit and as such an inquiry be conducted and accordingly appropriate action be taken against the petitioner.