Hakim Singh Rawat vs State of M.P. and Others

Heard.

The grievance of the petitioner in this petition is that the writ of mandamus/directions be issued to the respondents to execute the agreement.

The department invited bids for grant of sand quarry lease under the provisions of M.P. Minor Minerals Rules, 1996 (hereinafter referred to as the ''Rules of 1996''). In pursuance to the invitation, the petitioner submitted the bid and the bid of the petitioner was accepted because it was the highest. A copy of the letter regarding acceptance of the tender dated 14-05-2013 (Annexure P-2) was also issued to the petitioner. The petitioner was directed to submit the approved mining plan/approved environment management plan before the execution of the agreement. Admittedly the petitioner did not submit the approved mining plan/approved environment management plan neither it is the pleading of the petitioner that the petitioner has submitted approved mining plan/approved environment management plan,

The auction of the quarry was held on 30-01-2013. Subsequent to the auction, Rules of 1996 were amended in exercise of the powers conferred by sub-section (1) of Section 15 of Mines and Mineral (Development and Regulation) Act, 1957 (No 67 of 1957) and Rule 18(2) of the Rules of 1996 was substituted. The substituted Rule as under:-

The sanctioning authority shall make such inquiries as he may deem fit. The sanctioning authority, may take decision to grant to quarry lease or refuse to sanction it or renew the quarry lease or refuse to renew it before the expiry of quarry lease already sanctioned, after receiving the enquiry report. Information of in-principle sanction, shall be given to applicant. Applicant shall furnish approved mining plan/approved environment management plan, within six months from such information. Provided that if in-principle sanction is for five hectare or more area, then applicant from the date of such information, shall submit environment permission obtained under notification dated 14-09-2006 of Ministry of Environment and Forest with in period of six months. After completion of all formalities sanctioning authority shall issue grant order or it''s renewal of quarry lease. On the basis of satisfactory reasons, the sanctioning authority may permit to enhance the time period, if all formalities are not completed in prescribed time period:

provided that no new quarry lease shall be sanctioned without obtaining opinion of the respective Gram Saha;

provided further that if the application, is not disposed of by sanctioning authority within the period of six month then application shall be disposed of by senior authority as mentioned in rule 6.

In accordance with the aforesaid rule, the quarry lease cannot be sanctioned without submitting in-principle sanction of approved mining plan. Admittedly the petitioner did not submit approved in-principle sanction of mining plan.

In such circumstances, in our opinion, we cannot issue any direction in favour of the petitioner because it would be contrary to the substituted Rule of Rules of 1996. The petitioner is at liberty to submit the approved mining plan before the authority in accordance with law and the authority shall consider the same.

With the aforesaid observations, Writ Petition is disposed of. No order as to costs.