MURALIWALA MINERALS PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has prayed for quashing of the order contained in Memo no. 534 dated 12.5.2004 issued under the signature of the Deputy Secretary, Dept. of Mines and Geology, Govt. of Jharkhand as well as order dated 19.3.2007 passed by the Revisional Authority i.e. Central Government Mining Tribunal by which the revision of the petitioner against the original order has been rejected.

(3.) RESPONDENT - State has appeared and filed their counter affidavit while the Union of India has also supported the order of the Revisional authority contained at Annexure-8. It is submitted on behalf of the respondents that the application of the petitioner was considered in accordance with law and it was found that the mining lease application of the petitioner under Rule 26(i) of the Minerals Concessions Rules, 1960 did not fulfill the requirement of furnishing necessary document such as (a) the forest clearance under the Forest Conversion Act, 1980 (b) Land schedule as per rule 22(3)(g) (c) Original village map (d) Financial soundness certificate (e) C.O. Report (f) Area applied for is not a compact block under Section 6(1)C of MMDR Act, 1957 (g) Geological report under Section 5(2) of MMDR Act, 1957 (h) Affidavit for Income Tax & Sales Tax. These documents are necessary under the Act and Rules for consideration of the case of the interested applicant. It is further submitted on the part of the respondent that the petitioner failed to submit these documents either before competent officer of the State Government for consideration of his application for mining lease and also before the Central Government Mining Tribunal.