DURGA STONE CHIPS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD.

(2.) IT is submitted by Mr. Bhawesh Kumar, learned counsel appearing for the petitioner, that petitioner was granted mining lease for stone on 27.7.2002. He only did the work of fencing and cutting and did not mine the stone. In the meantime, by order dated 19.12.2004, he was stopped from proceeding with the work on the ground that the land in question falls within the forest area. Accordingly, petitioner stopped mining. Thereafter, petitioner collected documents from the forest department, from which it appeared that the mining land in question was not within the forest area. In the meantime, by impugned letter dated 9.2.2007, the mining lease of the petitioner was cancelled on the ground of not continuing mining activity and not paying the arrear dues within time.

(3.) ON this, Mr. Bhawesh Kumar submitted that petitioner has specifically stated that no opportunity of hearing was given to it and moreover from the impugned order also, it does not appear that petitioner was given any opportunity of hearing. Prima facie, it appears that petitioner was not given opportunity of hearing before cancelling the mining lease.