ANIL KHIRWAL Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Mining lease of Iron Ore was granted in favour of Sardar Fauza Singh over an area of 22.662 Ha. of Mauza Balijore, Bandburu P.S Noamundi in the district of West Singhbhum with effect from 1st May, 1972 for a period of 30 years till 30th April, 2002 (Annexure1). Lease was transferred in favour of present petitioner on 14th July, 1983 (Annexure2 & 2/1). Petitioner surrendered about 3.331 Hects. of lease area on 11th June, 1997 (Annexure3). Before expiry of statutory time of one year petitioner applied for renewal for a period of 20 years on 18th April, 2001, which has remained pending till Mines & Minerals (Developments and Regulation) Amendment Act, 2015 was enacted. The MMRD (Amendment) Ordinance, 2015 had came into force with effect from 12th January, 2015.

(2.) The Mines and Minerals (Development and Regulation) Amendment Act, 2015 was passed by the Parliament on 12th July, 2015. Prior to that on 18th July, 2014, Rule 24A(6) of Mineral and Concessions Rules, 1960 were amended which provided for deemed extension for a period of two years with effect from 18th July, 2014 of such cases pending for first renewal of lease deed where renewal application had been made within time. Petitioner's application for renewal of such lease has been rejected vide Annexure18 dated 1st April, 2016 contained in Memo no. 883/M passed by the Department of Mines & Geology, Government of Jharkhand. Consequent thereto, petitioner has been asked to hand over possession of the lease area to Mines Department vide letter no. 446/M dated 5th April, 2016 (Annexure19) issued by the Deputy Commissioner, West Singhbhum, Chaibasa, failing which steps would be taken to take possession of the lease hold property by the State Authorities.

(3.) On 18th April, 2016, the said lease area has been made open for public auction by Gazette Notification issued by District Mining Officer, Chaibasa