JAYKAYCEM (CENTRAL) LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The case of the petitioner is that it was a Public Limited Company incorporated under the Companies Act, 1956. It is engaged in the business of manufacturing of cement. It is in the process of setting up an integrated cement plant in Panna District, Madhya Pradesh. On 21/8/2008, the petitioner submitted an application under Sec. 10 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short "the MMDR Act") for grant of Prospecting Licence for Limestone mining in an area admeasuring 3703.00 Hectares in Village Kamtana, Kakra, Saptai, Judi, Devri, Purohit, Devri Tahsil, Amanganj (Kakra Mining Block). On 15/3/2010, the State of Madhya Pradesh passed an order granting a Prospecting Licence to the petitioner to an extent of 3513.75 Hectares, for a period of two years subject to the various conditions. On completion of the various requirements of the said order, by the order dtd. 28/6/2010 a Prospecting Licence Deed for the areas mentioned therein was executed with a validity up to 14/6/2012.

(2.) Thereafter, the petitioner undertook the prospecting operations over the area in question. On completion of the prospecting operations, the petitioner submitted an application for grant of mining lease. Thereafter, the State of Madhya Pradesh accepted the petitioner's application and directed the petitioner to submit a duly approved mining plan within a period of six months from 10/7/2014. Extension of time was granted. Thereafter, the mining plan was submitted, which was approved by the State on 3/8/2015. The petitioner, vide order dtd. 17/3/2016, was called upon to execute the mining lease for the area in question within a period of six months after complying with the various conditions. The said order was modified by the Government of Madhya Pradesh in view of Rule of 7 of Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 (for short " the MCR Rules, 2016") where the mining lease was to be executed within a period of 90 days on fulfilling of various conditions. Thereafter a bank guarantee was submitted for a sum of about 0.5% of the value of the estimated resources at about Rs.53.00 Crores. A sum of Rs.86,30,000.00 was deposited. A mine development and production agreement was executed with the State Government. Environmental Clearance was obtained. Thereafter, on 9/9/2020 the State of Madhya Pradesh executed a mining lease for Kakra Mining Block i.e the land in question. Thereafter, there were various communications between the Central Government and the State Government. Ultimately, the respondent No.2 passed the impugned order revoking the approval of the abovesaid mining plan. Questioning the same, the instant petition was filed.

(3.) An interim order of status quo was granted by this Court by the order dtd. 28/6/2021. Thereafter, an application was filed seeking to proceed in the mining activities. By the order dtd. 10/8/2021, it was held that no clarification is required as there is no ambiguity in the said order. The same was challenged before the Hon'ble Supreme Court in Special Leave Petition (Civil) No.20103 of 2021 [Jaykaycem (Central) Ltd vs. Union of India and others]. Vide order dtd. 7/1/2022 the Special Leave Petition was disposed off with a request to the High Court to dispose off the petition within a period of four months from the said order. Thereafter, the matter was listed for consideration before this Court. The matter was adjourned at the request of the counsel for the petitioner on 16/3/2022. On 16/6/2022 learned counsel for the petitioner was absent. Vide order dtd. 21/6/2022, the matter was adjourned in view of the adjustment note. On 23/8/2022, counsel for the petitioner was absent. Thereafter, the matter has been taken up for final hearing.