NILAMBER SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) IN 1966 the petitioners applied before the Assistant Mining Officer, Gumla for granting mining lease of minor mineral of plot No. 3708 of Village, Baghima. P.O. Baghima, P.S. Palkot, Dist. Gumla. It appears that on application the Circle Officer, Palkot conducted a legal inspection and vide letter dated 8.2.1996 and 29.10.1996 address to respondent No. 4, Assistant Mining Officer reported that the land is outside the forest area. The Divisional Forest Officer vide letter dated 29.2.1996 and 3.2.1997 informed the Mining Officer that the plot for which the petitioners have applied for mining lease is outside the forest area and further informed that the mining lease could be given to the petitioners.

(3.) THE main issue raised by the petitioner in this writ application is that the cancellation of mining lease is illegal and arbitrary in as much as the land does not fall within the Wild Life Sanctuary.