SWAMI PRASAD KUDERIYA Vs. STATE OF M P

JUDGEMENT

(1.) Even though repeated opportunity has been granted to the respondents to file the reply and inspite of the observations made on 12/05/2016, reply has not been filed and, therefore, we proposes to proceed with the matter and decide the claim on the basis of the material available on record.

(2.) On 2/02/1978 a lease was granted to the petitioner for extraction of white clay (Fire Clay) from the area in question for a period of 10 years. Thereafter, continuously in view of the provisions of the Mines and Mineral (Development & Regulation) Act (hereinafter shall be referred to as 'MMDR Act' in short) as was existing prior to its amendment in the year 2015 i.e. as per the regulation of 1957 under the deeming clause with regard to renewal of the agreement, petitioner is carrying out mining activities. In the meanwhile, after coming into force of the 'MMDR' amendment Act, 2015 and in view of the provisions of Section 8 -A of the aforesaid amended provision, communication was made to the petitioner vide Annexure P -2 indicating that in case the petitioner is entitled for grant of lease for the period as stipulated under Section 8 -A (5) or (6) i.e for a period of 50 years, the petitioner may submit an application within 15 days.

(3.) On going through the provisions of Section 8 -A it is seen that the mineral for which lease was granted to the petitioner would fall under Section 8 -A (6) and, therefore, after communication (Annexure P -3) was received, petitioner submitted an application to the appropriate statutory i.e. Collector, Chhatarpur who forwarded the same for guidelines to the Director vide Annexure P -4 on 7/10/2015. The Directorate vide Annexure P -5 on 28/11/2015 intimated the Collector that they have to take a decision based on the statutory provision and the guidelines already issued in this regard on 12/03/2015, and a copy of the guidelines (Annexure P -7) dated 12/03/2015 was also forwarded. Grievance of the petitioner is that even though the matter is pending with the Collector (Mines) Chhatapur since November, 2015, no action has been taken.