GEE EMM INDUSTRIES Vs. STATE OF J&K

JUDGEMENT

(1.) Extraction of the gypsum occurring over an area of 4.8 hectares at Batam, Uri, District Baramulla, falling under Khasra no.1093- Min, vide Government Order no.136-Ind of 2005 dtd. 18/5/2005 (Annexure A with writ petition) was granted in favour of M/s Gee Emm Industries petitioner herein, for captive use only. The Mining Lease for extraction of the gypsum was granted for a period of 20 years, subject to the conditions enumerated in the Government Order no.136-Ind of 2005 dtd. 18/5/2005. This was followed by the execution of the Lease Deed on 25/7/2005.

(2.) It appears that for carrying out the demarcation of the leasehold rights of M/s Tower Chemicals, M/s New Sigma Industries and M/s Gee Emm Industries, granting Mining Lease for exploitation of gypsum at Village Bagna, Uri, District Baramulla, a Committee was constituted by the Director, Geology and Mining Department respondent no.2, vide Order no.504/MCC/DGDM/TC/04- 05/1233-37 dtd. 24/5/2018. The Committee reportedly visited the site at Bagna, Baramulla, on 26/5/2018 along with the representatives of the lessee and demarcated three Gypsum Blocks, namely, Tower Chemicals, marked "ABCDEFGH", comprising over an area of 4.0128 hectares, New Sigma Industries marked as "0123ABCD4567", comprising over an area of 4.849 hectares and Gee Emm Industries (petitioner) marked as "1A'B'C'D'E" & "D'1HFA'E", comprising over an area of 4.80 hectares on ground with reference to permanent reference point RP (Batakal Tree), which was identified by the owners of the lessee. The decision of Committee constituted by respondent no.2, has been conveyed to the District Mineral Officer, Geology and Mining Department, Baramulla respondent no.3, vide letter no.405/MCC/DGM/TC / 04-05 / 1681-85 dtd. 9/6/2018 (Annexure H with writ petition), to implement it on ground. It is this communication of which the petitioner is aggrieved of and seeks quashment thereof, with a direction to the official respondents to allow him to carry out his mining activities as per the revised approved plan. He also seeks a direction to the official respondents not to allow the private respondents to carry out their mining activities as according to him they are strangers to the contract executed between the official respondents and ex-lessee of the firm, namely, New Sigma Industries.

(3.) The respondents 1 to 3 have filed the Reply in opposition to the instant writ petition. They aver that the mining lease for the extraction of the gypsum over the leased area mentioned in the Government Order no.136-Ind of 2005 dtd. 18/5/2005, was granted in favour of the petitioner and therefore, he has no legal right to carry out his mining activities beyond the area specified in the site plan. The respondents claim that the respondent no.4 moved an application on 15/5/2018, alleging that the petitioner had encroached upon the area leased out to the respondent no.4 and sought the demarcation of the respective leased areas. Acting on the said application, the demarcation was effected by a team of officers constituted by the competent authority on 26/5/2018 in presence of the representatives of all the parties, namely, the petitioner, respondent no.4 and another lease holder M/s Tower Chemicals.