YASHWANT STONE WORKS Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Art.226 of the Constitution seeks Mandamus directing the Collector, Mirzapur, to grant mining lease to the petitioner for mining operations of stone chips, their crushing, transportation etc. An application was made by the petitioner for the purposes aforesaid under the U.P. Minor Minerals (Concession) Rules, 1963, The petitioner's grievance is that the application has been unduly and unjustifiably kept pending by the Collector on the ground of prohibition to the granting of leases alleged to have been imposed under the Forest (Conservation) Act, 1980 (Act 69 of 1980), hereinafter referred to as "1980 Act".

(2.) In 1957, the Parliament in order to provide for the regulation of mines and the development of minerals under the control of the Union, enacted the Mines and Minerals (Regulation and Development) Act, 1957. The intention was that the mineral wealth of the country should be conserved and should be worked properly without waste and by persons qualified in that kind of work. S.2 provides that in public interest the Union could take under its control the regulation of mines and development of minerals to the extent provided therein. The State Government, after the declaration of the Central Government under S.2, became a delegated authority. It has been empowered to frame rules relating to minor minerals by S.15 of the said Act. In exercise of this power, the State of U. P. framed the Uttar Pradesh Minor Minerals (Concession) Rules, 1963. The rules lay down in detail the procedure and the manner in accordance with which the rights for mining operations have to be given.

(3.) By a notification issued on 25th April, 1979, the State Government applied Minor Minerals (Concession) Rules, 1963, to district Mirzapur, empowering the Collector to grant licences and permits.