DIWAN INDRA NIL SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) By way of this public interest litigation, the petitioner seeks cancellation of auction of Sand Ghats held in seven districts of Jharkhand under different auction notices issued by the Deputy Commissioner of the respective districts; some of the auction notices are annexed as annexure-1 series. Reasons for challenging the same, as alleged by the writ petitioner, are that it has been done in violation of the M.M.R.D. Act, 1957; Jharkhand Minor Mineral Concession Rules 2004 and without conforming with the requirement of environmental clearance in order to favour certain companies who have also been impleaded herein. The petitioner has further sought Vigilance / CBI inquiry in the grant of lease of such minor Minerals alleging that the private companies drawn from different states, have been favoured by certain people in power.

(3.) These Sand Ghats have been auctioned on the basis of instruction contained in letter no. 983 / M dated 29th April 2013 issued by the Secretary, Mines and Geology Department, Government of Jharkhand (Annexure-8). By the said instruction, earlier departmental letters dated 26th May 2011 and 29th June 2012 have been revoked and the Deputy Commissioner of the respective districts of Jharkhand have been directed to undertake auction of Sand Ghats in terms of Jharkhand Minor Minerals Concession (Amendment) Rules, 2010.