LAWS(JHAR)-2017-7-145

SINGHBHUM MINERAL COMPANY Vs. UNION OF INDIA

Decided On July 07, 2017
Singhbhum Mineral Company Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In the instant writ application, the petitioners have inter alia prayed for quashing impugned order dated 02.03.2016, whereby the revision application filed by the petitioners has not been admitted by the Revisionary Authority; for quashing impugned order dated 22.01.2016 whereby application dated 29.06.2015 and 20.08.2015 made by the lessee for extension of the lease in question was rejected by respondent no. 2; for quashing impugned order dated 02.02.2016 passed by the Deputy Commissioner, Chaibasa whereby it was ordered to hand over the mining lease to District Mining Officer, Chaibasa and for quashing impugned notification dated 08.03.2016 whereby it was declared that now petitioners have no legal right upon the mining area and the same is vacant for settlement/auction. The petitioner has further prayed for declaration to the effect that the petitioner is entitled to avail the benefit of deemed extension of mining lease in terms of provisions of MMDR (Amendment) Act, 2015 and also for declaration to the effect that the subject mining lease of the petitioners is over the entire leasehold area of 141.64 hectares and further the petitioner is entitled to operate the mines in terms of statutory clearance.

(2.) The factual matrix, as delineated in the writ application in a nutshell is that initially on 26.04.1956, the then State of Bihar vide its order dated 26.04.1956 granted a mining lease over an area of 500 Acres in Karampada Forest Block, Singbhum West, Chaibasa for a period of 20 years w.e.f 12.12.1956 to 11.12.1976 in favour of one Shri Nanalal Vajrang for Iron & Manganese ore. However, during currency of the lease, the then lessee, after obtaining prior approval of the State Government vide order dated 27.05.1965 transferred 350 Acres of lease mining area to the present petitioner-M/S Singhbhum Mineral Company and remaining 150 acres was surrendered to State Government.

(3.) Thereafter, the petitioner applied for first renewal of mining lease, which was granted vide order dated 06.09.1978 for a further period of 20 years w.e.f 12.12.1976 to 11.12.1996. It is averred that due to impending expiry of the lease period, the petitioners applied for second renewal of mining lease on 27.10.1995, much prior to one year before due date of expiry of tenure of the mining lease under Rule 24A(1) of Mineral Concession Rules, 1960 (hereinafter referred to as "M.C Rules, 1960" for the sake of brevity) for further period of twenty years.