M/s Maa Durga Stone Works vs State Of Jharkhand

In  this  writ  petition,  the  petitioner  has  made  the  following prayers:

(i) For issuance of an appropriate writ/order/direction, including Writ of Certiorari for declaring as ultra vires the amendment carried out under Rule 9(1)(e) of the Jharkhand Minor Mineral Concession Rules, 2004 pursuant to Jharkhand Minor Mineral Concession (Amendment) Rules, 2017 notified vide Notification dated 22.02.2017 [Annexure-13] to the extent in the said Rule, it has been provided, inter alia, for deemed rejection of Letter of Intent in such cases where Environmental Clearance Certificate has not been obtained within 180 days from the date of issuance of Letter of Intent.

(ii) In alternative to prayer (i) above, Petitioner prays for issuance of appropriate writ/order/direction including Writ of Declaration declaring and/or reading down the amendment carried out by virtue of Rule 9(1) (e) of the Jharkhand Minor Mineral Concession Rules, 2004 pursuant to Jharkhand Minor Mineral Concession (Amendment) Rules, 2017 notified vide Notification dated 22.02.2017 [Annexure-13], declaring that the said amendment being prospective in nature would not apply to the cases where Letter of Intent has already been issued in terms of the Jharkhand Minor Mineral Concession Rules, 2004.

(iii) For issuance of further appropriate writ/ order/ direction for quashing/setting aside the order passed by the Respondent-Deputy Commissioner-cum-District Magistrate, Pakur contained in Memo No. 1183/M dated 13.06.2022 [Annexure-9], wherein Respondent- Deputy Commissioner has rejected the sanction of Mining Lease granted in favour of the Petitioner pertaining to Mouza Beldiha and Belpahari situated at Plot Nos. 123, 124, 131 to 141, 676 to 686, 691 to 699, 720 to 724, having an area of 30.02 acres/12.15 Hectares at Circle Hiranpur, Thana Hiranpur, District Pakur on the alleged sole ground of delayed in producing the Environmental Clearance Certificate.

(iv) For issuance of further appropriate writ/order/direction including Writ of Mandamus, directing the Respondent-Deputy Commissioner-cum-District Magistrate, Pakur to grant Mining Lease in favour of the Petitioner pertaining to Mouza Beldiha and Belpahari situated at Plot Nos. 123, 124, 131 to 141, 676 to 686, 691 to 699, 720 to 724, having an area of 30.02 acres/12.15 Hectares at Circle Hiranpur, Thana Hiranpur, District Pakur, especially because Letter of Intent contained in Letter No. 2791/M dated 29.12.2016 has already been issued in favour of the Petitioner, and, also in view of the fact that the petitioner has already obtained necessary statutory clearances, including Environmental Clearance, for grant of Mining Lease in its favour.

(v) For issuance of any other appropriate writ(s)/order(s)/ direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case.

Mr. Sumeet Gadodia, the learned counsel for the petitioner has contended that in view of the new amendment incorporated in the year 2020, the power has been vested in the Mines Commissioner to hear an appeal. It is further contended that the then Deputy Commissioner-cum-District Magistrate, Pakur who passed the impugned order rejecting the sanction of Mining Lease granted in favour of the petitioner on the ground of delay has been posted as Mines Commissioner, Jharkhand.

The petitioner already approached the Mines Commissioner, Jharkhand in compliance of the order passed by this Court earlier in “Maa Vaishno Devi Stone Mines v. State of Jharkhand and Ors.” reported in 2021 SCC OnLine Jhar 1066 in which this Court could not observe anything rather directed the revisional authority to pass a fresh order in accordance with law after giving an adequate opportunity of hearing to the concerned parties.

In view of the aforesaid order of this Court, the present writ petition is disposed of with a direction to the Commissioner, Department of Industries, Mines and Geology i.e. the respondent no.2 to consider the representation of the petitioner and pass a fresh order in accordance with law after giving an adequate opportunity of hearing to the concerned parties.

Interlocutory applications, if any, stand disposed of.