BALRAM TIWARI Vs. STATE OF MP

JUDGEMENT

(1.) THE writ petitioner who is a journalist by profession has filed this public interest litigation against the illegal activities being carried out by the Mining Department of the State and praying for cancellation of trade quarry and quarry lease granted to the respondent No. 10 and 11, on the plea that the trade quarry and quarry lease was granted for extraction of minor minerals whereas the mineral extracted from the said quarries is dolomite which is a major mineral and they are instead of minor mineral extracting major mineral and supplying the said material to the Railway Department. THE State Government is losing revenue by way of royalty and to prevent the said loss of royalty to the State exchequer, the quarry lease of respondents No. 10 and 11 be cancelled and appropriate action be taken for realizing the difference of royalty in accordance with law and the action be taken against the erring authorities who have granted trade quarry and quarry lease to them.

(2.) THE facts briefly stated are that the respondent No.6, Collector Katni in auction granted trade quarry to respondent No. 10 over an area of 2.00 hectares of survey No.758 (part of village Sallaiya, Tehsil Murwara District Katni) for extraction of stone/Gitti for a period of one year commencing from 1.4.2008 to 31/3/2010 as per terms and conditions of the agreement. Another lease for extraction of Gitti over an area of 2.56 hectare of khasra No.394 of village Gubradhari Tehsil Murwara District Katni was granted to Shri Niwabha A.D. Fight Private Limited vide order dated 12/5/2010 for a period of 10 years commencing from 23/6/2005 to 22/6/2015. THE said lease was transferred in favour of respondent No.11 vide order dated 7/10/2008 under Rule 35 of M.P. Minor Mineral Rules, 1996 (in short 'Minor Mineral Rules') for a remaining period i.e. up to 22/6/2015. THE transfer deed was executed on 2/12/2008 (Annexure R- 11/8) and he was permitted to carry out mining operation on the same terms and conditions on which the quarry lease was granted in favour of original lessee.

(3.) IT is contended that the mineral in question does not contain the features of chemical composition of dolomite which can be used in the refractory, blast furnace and glass industry. The deposit of dolomite in the area in question is of low grade, silica is more than 6% which cannot be used for industrial purposes as prescribed by the Government of India and thus the answering respondents have not violated any of the provisions of law in granting trade quarry and quarry lease to the respondent No. 10 and 11.