LAWS(P&H)-2021-9-89

HARYANA MINING COMPANY Vs. STATE OF HARYANA

Decided On September 06, 2021
Haryana Mining Company Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Heard through video conferencing.

(2.) By way of the present Civil Writ Petition under Article 226 of the Constitution of India the petitioner has inter-alia challenged the order dtd. 10/1/2020 (Annexure P-19) whereby the mining lease granted to it has been terminated and has also challenged the order dtd. 13/8/2021 (Annexure P-25) whereby it's appeal against the said termination order has been dismissed and the order of termination of the mining lease has been upheld.

(3.) Brief facts relevant to the present Us are that the petitioner participated in an e-auction held by the Haryana State Government on their web portal for obtaining mining lease of minor mineral in Village Garhi, District Mahendergarh. The petitioner is stated to have given the highest bid of Rs.7,92,50,000.00 per annum against the reserve price of Rs.7,90,00,000.00 per annum in respect of minor mineral mine in Village Garhi, District Mahendergarh. The bid of the petitioner was accepted and on 24/7/2015 a Letter of Intent (Annexure P-1) was issued to the petitioner in respect of minor mineral mine of Garhi for a period of 10 years for extraction of "stone along with associated minor minerals" in area of 6.70 hectares falling in Khasra No.7, Village Garhi, District Mahendergarh. On 24/11/2015 and 5/4/2016 (Annexures P-2 and P-3) the petitioner is alleged to have informed respondent No.3 about illegal mining going on in the Garhi mining area allotted to it and in the Aravali area adjoining to it. The lease deed for mining was executed between the petitioner and the State Government on 11/4/2016. On an application submitted by the petitioner, the mining area was demarcated on 11/5/2016 (Annexure P-8). After obtaining the relevant permissions the petitioner commenced mining operations on 15/6/2016. Thereafter, one of the partners of the petitioner firm submitted a representation to the Tehsildar, Mahendergarh for demarcation of the mining area leased to the petitioner and on 5/4/2017 a demarcation is stated to have been carried out (Annexure P-9). On 21/8/2018 the mining area was got demarcated on the basis of some complaint alleging mining outside the mining area (Annexure P-10). On 17/12/2018 the mining area was again got demarcated on the basis of another complaint alleging mining outside the mining area (Annexure P-11).