MD MASIHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for issuance of writ/writs, order/orders, direction/directions commanding the Respondents to exempt the Petitioner from paying settlement amount for mining for the period of 4 months 20 days i.e. from 10.02.2016 to 30.06.2016 for which period the Petitioner was unable/restrained to do the mining work without any fault of his own and only due to restriction on mining work throughout the State of Bihar by the Govt. of Bihar in compliance of order of the Hon'ble Green Tribunal, Eastern Zone Bench, Finance Centre, Kolkata, passed in the matter of Aman Kumar Singh Vs. The State of Bihar.

(2.) It has been submitted on behalf of the Petitioner that he participated in the tender for settlement of entire Balughat from 01.01.2015 to 31.12.2019 in the district of Madhubani, which was settled with him. Accordingly, the Petitioner was issued work order against the aforesaid settlement vide Letter No.54-M dated 10.03.2015 of the Collector, Madhubani, and Mining Officer, Madhubani, on the settlement amount of Rs.78,70,000/- for the year 2015. It was mentioned in the work order that settlement amount for the second and every consecutive year will be 120% of the last year. Xerox copy of the Letter No. 54-M dated 10.03.2015 of the Collector, Madhubani, and Mining Officer, Madhubani, is annexed as Annexure-2 to the writ application.

(3.) The Petitioner applied for preparation of the Mining Plan before the Indus Mining & Environmental Consultant, Patna, and the same was prepared and submitted for approval to the Director of Mines & Geology. In this respect, Indus Mining & Environmental Consultant, Patna, issued certificate in favour of the Petitioner on 26.06.2015. Thereafter, the Assistant Mining Officer, Madhubani, as per order of the Collector, Madhubani, has handed over the territorial rights over the Balughats in the district of Madhubani for the year 2016 to the Petitioner vide letter dated 31.12.2015. The Petitioner submitted five copies of his Mining Plan before the Director, Directorate of Mines & Geology, Govt. of Bihar, Patna, on 28.08.2015. The Mining Plan was sanctioned on 28.01.2016. Environmental clearance can only be obtained after approval of the Mining Plan and the department had delayed in approval of the Mining Plan.