KAMALJEET SINGH AHLUWALIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears for the petitioner, Mr. Modi, learned G.P.I, appears for the State.

(2.) This writ petition was filed for restraining the respondents, from interfering with the mining activities of the petitioner on the area broken up prior to 25-10-1980 i.e. prior to coming into force of the Forest (Conservation) Act, 1980 and to allow the petitioner to continue the mining activities on the broken up area and also for movement of vehicles carrying minerals till the subsistence of the extended period of the lease.

(3.) According to the petitioner one M/s. Karamchand Thapar and Sons was granted mining lease for minerals Iron ore and Manganese ore over an area of 320 acres in village Bariaburu and Tatiba on 5-9-1969 for a period of 20 years. The State Government permitted the said lessee to assign the lease in favour of the petitioner for which a registered indenture was entered into by and between the said lessee and the petitioner and the petitioner became mining lessee under the State for the remaining period of the said lease i.e. up to 4-9-1989. On 29-8-1989 the petitioner made an application for renewal of the said mining lease. According to the petitioner an application for release of the forest land was also made. Petitioner's grievance was that the State Government did not pass any order on the said renewal application and the concerned respondents did not allow the petitioner to work even on the broken up area. Petitioner filed a review application before the Central Government against the alleged deemed refusal order. The Central Government passed an order on 1-5-1989 directing the State Government to pass necessary orders with regard to renewal of mining lease within 200 days. According to the petitioner no order was passed by the State Government on the said renewal application and, accordingly, as per Rule 24-A of the Mineral Concession Rules, the lease stood extended for a further period of one year.