AMARNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition was initially filed for quashing the letter dtd. 27/12/2019 issued by the respondent Special Secretary-cum-Director, Mines and Geology Department, in exercise of Rule 77(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 (hereinafter referred to as ..the Rules, 2019..) whereby the settlement period of settlees of sand ghat in the State of Bihar, which was ending on 31/12/2019, had been extended till 31/10/2020, as also to direct the respondents to allow the petitioner to conduct the mining activity at the Aurangabad Sone sand ghat bearing no. 32. The petitioner had also prayed to hold that the settlement term of the respondent no. 8 cannot be extended and no other person can be allowed to conduct mining of sand in the District of Aurangabad without having obtained an environmental clearance from the competent authority. Subsequently the petitioner had also prayed for quashing the decision of the Government of Bihar dtd. 29/12/2020 whereby the settlement period of the existing settlees of sand ghat in the State of Bihar has been extended till 30/3/2021. However, with the efflux of time, the petitioner has now confined his relief and only seeks a direction upon the respondent authorities to refund the earnest money, security money and other amounts deposited by the petitioner for the settlement of sand ghat no. 32 in the Aurangabad district pursuant to the auction held in the year 2019, inasmuch as despite repeated request made by the petitioner, the respondent authorities have failed to issue work order in favour of the petitioner. In such view of the matter, the writ petition has accordingly stood amended by an order dtd. 22/6/2021 passed by this Court in the present case.

(2.) The brief facts of the case according to the petitioner are that in light of the new sand policy, 2013 the respondent Department of Mines and Geology, Government of Bihar (herein after referred to as the "respondent Mines Department") had issued a notification dtd. 22/7/2014 by which criteria and procedure for settlement of sand mines for the period 1/1/2015 to 31/12/2019 was published in the official gazette. The State Government had then, in exercise of its power conferred by sec. 15 of the Mines and Minerals (Development and Regulation) Act, 1957, had amended the Bihar Minor and Minerals Concession Rules, 1972 to bring it in consonance with the new sand policy, 2013 and the amendment had come into effect from 11/8/2014. In view of the fact that the settlement of the earlier successful bidders was in light of the aforesaid policy of the State Government, an advertisement was published on behalf of the Mines and Geology Department for settlement of sand ghats by auction for a period of five years i.e. from 1/2/2015 to 31/12/2019. The settlement of the successful bidders ended on 31/12/2019 and for the period 2013-19, private respondent no. 8 was the settlee for the district of Aurangabad. In the meantime, the State Government formulated the Bihar Sand Mining Policy, 2019 which was notified on 14/8/2019 and was made applicable with immediate effect. The respondents then came out with the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 which was published in the gazette on 17/9/2019. The respondents had then published a notice inviting eauction for settlement of 40 sand ghats in the district of Aurangabad. The eauction was held on 26/12/2019 and the auction of 16 sand ghats was finalized. The petitioner had also participated in the auction process and was declared highest bidders "for Aurangabad Sone sand ghat No. 32". The Mineral Development Officer, Aurangabad had then issued letter dtd. 30/12/2019, directing the petitioner to deposit a sum of Rs.3,20,50,000.00 being the auction amount, qua the settlement of the sand ghat in question. Nonetheless, the Special Secretary- cum-Director, Mines and Geology Department, by his letter dtd. 27/12/2019 had extended the settlement period of the existing settlees of the sand ghats in Bihar, which was ending on 31/12/2019 till 31/10/2020 or till the new settles obtain environmental clearance or whichever is earlier. It is also the case of the petitioner that the mining plan and environmental clearance granted to the respondent no. 8 for the sand ghats of Aurangabad was valid only till 31/12/2019 and the same has stood lapsed, hence no mining activity can be undertaken as per Rule 17 and 18 of the Rules, 2019. It has also been pointed out that during the pendency of the present writ petition, the State Government, by press notice dtd. 29/12/2020 has extended the settlement period till 30/3/2021. It is also pointed out that vide notification dtd. 31/3/2021, the respondent Government of Bihar has further extended the settlement of existing settlees till 31/9/2021, thus rendering the settlement made to the petitioner and other similarly situated settlees nugatory without any lapse on their part and only on account of the arbitrary and illegal action of the respondent authorities.

(3.) The learned senior counsel for the petitioner Shri. Ajit Kumar has referred to clause 17 and 23 of the notification dtd. 14/8/2019 issued by the Government of Bihar, Department of Mines and Geology with regard to the Bihar Sand Mining Policy, 2019, to show that the State Mining Department is required to obtain the environmental and other clearances in a time bound manner for the various sand ghats and for the purposes of obtaining statutory environmental and other clearances, the District Mining Officer and Director, Mines has to take necessary action. The learned senior counsel for the petitioner has next referred to the Rules, 2019, the relevant rules whereof are quoted herein below:-