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2003 DIGILAW 200 (JHR)

Bharat Coking Coal Ltd. v. State Of Bihar

2003-02-11

TAPEN SEN

body2003
JUDGMENT Tapen Sen, J. 1. Heard Mr. M.M. Banerjea, learned counsel for the petitioner and Mr. R.S. Majumdar, learned Government Advocate for the respondents. 2. The Writ Petitioner (M/s. Bharat Coking Coal Limited) have prayed for a declaration that the State and its authorities did not have any jurisdiction to put on auction the lease hold areas held by it over Mauja Lohapatti on Plot No. 1, 3290, over an area of 238.09 acres vide Deed No. 26196 dated 2.11.1974 for a period of 20 years. They have further made a prayer that in any view of the matter the respondent No. 6 (District Mining Officer) cannot auction the Sand Ghats in view of the fact that under Rule 70(iv) of the Mineral Concession Rules, 1960, sand is a major mineral and the same is used for stowing in coal mines. Petitioners have also prayed that the settlement granted to the respondent No. 7 be quashed, but during the course of arguments, Mr. M.M. Banerjea, learned counsel for the petitioner abandons this prayer saying that this prayer has become in fructuous as three months period has already lapsed. Petitioners have further made a prayer that applications for grant of leases in relation to sand in various Maujas such as Kunji, Nutandih, Telmocho as also Lohapatti had been filed under the provisions of Mines and Minerals (Regulation and Development) Act, 1957 as also under the provisions of the Mineral Concession Rules, 1960 way back in the year 1981 but till date nothing has happened and the Government is sitting tight over the matter. 3. Mr. R.S. Majumdar, learned Government advocate submits that some of the properties are in dispute and therefore, the entire matter has got to be looked into now afresh by the new State which has come into existence in November, 2000. 4. Consequently, the parties have agreed that the matter be remanded to the Secretary, Department of Mines and Geology, Government of Jharkhand who will look into the matter and do the needful in accordance with law. Let it be recorded that this order is being passed on consensus of the parties. 4. Consequently, the parties have agreed that the matter be remanded to the Secretary, Department of Mines and Geology, Government of Jharkhand who will look into the matter and do the needful in accordance with law. Let it be recorded that this order is being passed on consensus of the parties. Since so much of time has lapsed and since the petitioners have stated that the matter is pending since 1981, it would be appropriate if the concerned authority deals with the matter as ex-peditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order. It goes without saying that for the convenience of all the parties, it will be the duty of the petitioners to file a fresh set of all the documents for convenience of the authority who will now deal with the matter. 5. Let it be recorded that this order has been passed at the threshold on consensus and this Court has not entered into merits. 6. With the aforementioned observations and directions, this Writ Application is disposed off. However, there shall be no order as to costs.