GOLDEN STONES Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India challenging the orders dtd. 24/1/2020 passed by the respondent No.1/the State of Madhya Pradesh, 31/7/2018 passed by the respondent No.2/The Director, Directorate of Geology and Mining; and 24/2/2018 passed by the respondent No.3/Collector, District Chhatarpur, whereby quarry lease granted has been cancelled and the appeals preferred by the petitioner have been dismissed.

(2.) The petitioner, M/s Golden Stones, is a registered Partnership Firm engaged in quarry operations. The petitioner was granted a quarry lease over land admeasuring 4.00 Hectares situated at Khasra No.1348, Gram Prakash Bamhauri, Tehsil Gaurihar, District Chhatarpur, M.P., for the extraction of "Stone for making Gitti by Mechanical Crushing" by order dtd. 9/3/2011. Pursuant thereto, a lease agreement was executed on 23/3/2011 for a period of ten years.

(3.) It is the case of the petitioner that despite execution of the lease agreement, possession of the leased area was never handed over to it by the respondent No.3. The petitioner made representations seeking delivery of possession, but no action was taken by the authorities. After execution of the aforesaid agreement, environmental clearance from the State Environmental Impact Assessment Authority (SEIAA) became mandatory pursuant to directions issued by the HonHble Supeme Court in Deepak Kumar vs. State of Haryana & Ors., (2012) 4 SCC 629 .