ASHAPURA MINECHEM LTD. Vs. INDIAN BUREAU OF MINES

JUDGEMENT

(1.) This is a Writ Petition filed under Article 226 of the Constitution of India praying for the following reliefs which reads thus.

(2.) In these proceedings, we are called upon to adjudicate upon the validity and legality of the Petitioner's claim for the grant of a mining lease and mining code in respect of bauxite mining lease in Village Sakhri, District Ratnagiri. The petitioner before us is a company whose mining lease statutorily lapsed. This is on account of non compliance with the statutory provisions under Mines and Minerals (Development and Regulation) Act, 1957 ('Mines Act'), the Rules framed thereunder, ('Rules') along with the amendments thereto, read with the provisions of Environment Protection Act, 1986 and Rules, along with the Environment Impact Assessment Notification issued by the Ministry of Environment & Forest and Climate Change dtd. 27/1/1994, and as amended by notification dtd. 14/9/2006. However, it is the case of the petitioner that the lapsing order of respondent no. 2 dtd. 16/6/2021 was revoked by the order dtd. 24/3/2023 followed by an order dtd. 9/2/2024 impugned in the petition.

(3.) In such circumstances the issue that falls for consideration before the court is whether it can regularize the claims of the petitioner by an imprimatur of the court, even if, it would otherwise fall outside the statutory scope, ambit as the law would mandate, is to be tested in these proceedings.