GRAM PANCHAYAT, PAREI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS batch of writ petitions being interconnected and interlinked, were heard analogously and are disposed of by this common order. As the factual backdrop in each case pertains to certain different aspects, for sake of clarity, it is apposite to adumbrate in a nutshell the facts in each case.

(2.) THE facts as have been unfolded in W.P, No. 1083/2001 are that the Gram Panchayat, Parei, has been constituted under the provisions of section 8 of M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'the Act'). The Gram Panchayat has the power to acquire, hold and dispose of movable and immovable properties, to enter into contract and further to do other deeds as necessary for the purpose of the petitioner/Gram Panchayat as provided under the Act. The State Government has framed a set of rules in exercise of power conferred on it under section 16 of the Mines and Minerals (Rural Development) Act, 1957, and these rules are called Madhya Pradesh Minor Minerals Rules, 1996 (hereinafter referred to as 'the Rules'). These rules came into force w.e.f. 1.4.1996 wherein power to grant quarry permit in respect of minerals specified in Schedule II has been given to the concerned Gram Panchayat. The schedule II includes sand quarry and the power vests with the Gram Panchayat to grant permit for the said quarry. After coming into force of the aforesaid rules the petitioner/Gram Panchayat had granted quarry permit for extracting sand from Ken river to Khanij Karm Udyog Co -operative Societies Limited, respondent No. 7 herein, and to that effect, an agreement was executed and royalty was fixed. On 14.1.2000, the State Government issued a letter/circular whereby it was directed that in respect of quarries mentioned in the Schedule II of the Rules 1996, the power to grant quarry permit, would be exercised by Janpad Panchayat in place of Gram Panchayat. It is averred in the writ petition that the said letter/circular was issued without an amendment of the provisions in the rules in vogue. Realising the mistake, the State Government in the Department of Mines and Minerals issued another order on 19.7.2000 making it clear that till the Rules are amended, the directions contained in the order dated 14.1.2000 shall not be carried out in respect of grant of quarry lease. The aforesaid order dated 19.7.2000 was initially restricted only to the municipal area. However, subsequently, a circular was issued on 16.1.2001 whereby the aforesaid letter/circular was made applicable to the areas situated in the Gram Panchayats.

(3.) A return has been filed by the respondent nos. 1 to 3 contending, inter alia, that in the instant case the petitioner Gram Panchayat was empowered to issue quarry lease in respect of the sand quarry situated in Khasra no. 561/1 of village Parei admeasuring 2 hectares. On 14.1.2000, the State Government, in anticipation of the amendment in the Rules, issued the order wherein the power of quarry permit and grant of lease was given to Janpad Panchayat instead of the Gram Panchayat. Subsequently, by an order dated 19.7.2000, the said power was withdrawn from the Janpad Panchayat and the Collector was given the power to extend the period of lease/permit for a further period of three months on payment of additional royalty, and subsequently, another order was passed by the State Government on 16.1.2001 whereby power to grant and renew quarry permits was reinvested in the Gram Panchayat. It is putforth that after issuance of the letter dated 14.1.2000 by the State Government, the respondent no. 4 auctioned the said quarry and issued quarry permit in favour of the respondent no. 6. The above action of the respondent no. 4 was called in question in W.P. no. 6592/2000. As the State Government, by order dated 19.7.2000, had withdrawn the rights of granting quarry lease by the Janpad Panchayat, the respondent no. 4 was directed to withdraw the grant by the order dated 6.12.2000. This fact was brought to the notice of the Court. The grant of quarry lease in favour of the respondent No.6 was cancelled by order dated 6.12.2000. The respondent no. 6 challenged the said order of the Collector before the Additional Commissioner, Sagar, Division, Sagar who passed the order of stay of the order passed by the Collector. It is putforth that the Additional Commissioner had no jurisdiction to hear the appeal against the original order passed by the Collector and therefore, the order of stay is unsustainable. The respondent no. 6 filed an appeal before the respondent no. 5 who by order dated 7.2.2001, issued a direction to the respondent no.4 to issue quarry permit in favour of the respondent No.6. It was also directed by the respondent no. 5 that in future, all the actions relating to grant of quarry permit should be taken in accordance with the resolution passed by the Janpad Panchayat. In pursuance of the aforesaid order passed by the respondent no. 5, the respondent no. 4 issued consequential order on 17.2.2001 and granted quarry lease in favour of the respondent no. 6. It has been setforth that after the cancellation of the lease granted in favour of the respondent no. 6, the Gram Panchayat proceeded to grant quarry permit in respect of the mine in question in favour of the respondent no. 7 and the respondent no. 7 is operating the quarry. It has also been putforth that the grant of quarry lease in favour of the respondent no. 7 has been challenged by one Rambabu Vishwakarma before the Sub -Divisional Officer, Loundi, and the proceeding is still pending before him.