TATA STEEL LIMITED Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ petition on being mentioned before the Hon'ble Division Bench, has been directed to be listed today.

(2.) AGGRIEVED by letter dated 3/4.09.2014 whereby, the petitioner -company has been directed to stop mining, it has approached this Court by filing the present writ petition.

(3.) THE learned Senior counsel for the petitioner -company submits that the mining lease with respect to Noamundi Mines was granted to the petitioner -company way back in the year, 1922 for 30 years which was renewed in the year, 1952. Subsequently, the mining lease for Noamundi Mines was again renewed in the year, 1981 and it was due for further renewal in the year, 2011. More than one year before the expiry of the mining lease, the petitioner -company submitted an application on 17.12.2009 for grant of renewal of the mining lease. In the meantime, the report of the Indian Bureau of Mines was also received by the State Government and the State Government itself wrote a letter to the Central Government opining that the condition contained in Section 8(3) of the Mines and Minerals (Development and Regulation) Act, 1957 may be relaxed in the case of petitioner -company however, ignoring its own communication/recommendation, the State Government has issued impugned letter directing the petitioner -company to stop mining of Iron Ore in Noamundi, forthwith. It is submitted that in the light of the said report, the State Government was required to take a decision. For more than 5 years after the application dated 17.12.2009 was submitted, no decision has been taken by the State Government for renewal of the mining lease in favour of the petitioner -company. It is thus, submitted that the action of the respondents in issuing communication dated 3/4.09.2014 is illegal, arbitrary and contrary to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.