BALAJI ENTERPRISES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner is seeking review of an order dated 23rd January, 2013 passed in W.P. (C) No. 194 of 2013. For better appreciation the order itself is quoted hereunder: "Mr. Ananda Sen, learned counsel for the petitioner, submits that the mining lease in favour of the petitioner stood expired on 2.7.2012; the petitioner has applied for renewal 6/5/2014 Page 192 Sar Aviation Services Pvt.Ltd. Versus State Of Jharkhand of the lease; application seeking renewal of the lease is pending consideration before the respondents; environmental clearance as well as no objection are required from the Central Government; the petitioner has already applied for no objection as well as environmental clearance. He further submits that the Central Government may take reasonable time to pass appropriate order on the application seeking environmental clearance as well as no objection.

(2.) MR . Ajit Kumar, learned Additional Advocate General, appearing for the respondents, submits that the moment environmental clearance and no objection are received from the appropriate authority, an appropriate decision in accordance with law shall be taken on the application seeking renewal of the lease.

(3.) THE present writ petition is thus disposed of with the direction that the Central Government shall take appropriate decision on the application seeking environmental clearance as well as no objection, in accordance with law, preferably within two months from today. The respondents shall take appropriate decision, in accordance with law, on the application of the petitioner, seeking renewal of mining lease, preferably within two months, thereafter. Meanwhile the parties shall maintain status quo on the spot and no third party interest shall be created by the parties. It is clarified that the order of status quo shall not be construed to mean any license to the petitioner to undertake the mining activities at the spot."