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2018 DIGILAW 125 (UTT)

Narendra Pal Singh v. State of Uttarakhand

2018-03-21

SUDHANSHU DHULIA

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JUDGMENT : 1. Miscellaneous applications filed in all the matters are allowed. Rejoinder affidavits and supplementary affidavit are taken on record. 2. The petitioners before this Court are the ones who have been given mining licences by the State Government for picking river bed material. In all these cases, according to the petitioners, the mining permits have been given to them on the private land. 3. The case of the petitioners is that after the permits were granted by the State Government, by the impugned orders, the petitioners have been restrained from doing any mining activity, and in most of the cases, mining activity could not even be started and they were restrained. Yet the respondent authorities are demanding royalty. 4. The case of the petitioners is therefore three fold. First, once the mining permits were granted to the petitioners, they could not have been restrained from doing mining activities without any plausible reason. Second contention is that when the petitioners have not been permitted to take out any mine and minerals or river bed material, royalty cannot be demanded from them as it would be in violation of sub-section (3) of Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 21 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963. There is a third aspect as to the determination of the royalty itself, which according to the petitioners, has been made without following due process. 5. In the counter affidavit, the stand taken by State is that in many of the cases, after inspection, it was found that the petitioners were doing mining activities in the areas, for which permission was not granted. Moreover, inspite of the demand of royalty, none of the petitioners have given the royalty. 6. An impleadment application (CLMA No.3177 of 2018) in WPMS No. 185 of 2018 has been filed on behalf of Matri Sadan through one of its trustees Brahmchari Dayanand along with the order of the National Green Tribunal dated 26.02.2018, where certain clearance given to the Uttarakhand Forest Corporation for mining activity was challenged by one Dr. 6. An impleadment application (CLMA No.3177 of 2018) in WPMS No. 185 of 2018 has been filed on behalf of Matri Sadan through one of its trustees Brahmchari Dayanand along with the order of the National Green Tribunal dated 26.02.2018, where certain clearance given to the Uttarakhand Forest Corporation for mining activity was challenged by one Dr. Vijay Verma before the National Green Tribunal, in which the following orders were passed by the National Green Tribunal:- “In the given circumstances as the Ministry itself has taken stand that till replenishment rate Study regarding replenishment of river is not done the mining activity cannot be permitted, binds Ministry of Environment, Forest and Climate Change and it has to restrain mining licenses till the study report is received. Thus we are of the opinion that mining activity cannot be permitted. Hence we hereby restrain any mining activity by the Project Proponent, its agent or any other agency or contractor from mining subject to further orders that may be passed. List this case on 16th April, 2018. In the meantime we permit the Forest Research Institute to continue its study and keeping in mind the observation of this Tribunal and submit a report at the earliest.” 7. Considering that there is already a restrain for mining activity in terms of the said order, the writ petitions stand disposed with the direction to the Secretary, Mining, Government of Uttarakhand to look into the matter after hearing the petitioners as well as the representative of Matri Sadan and pass appropriate orders therein, as expeditiously as possible, in accordance with law but preferably within a period of four weeks from the date of production of a certified copy of this order. Petitioners would also be at liberty to raise the issues before the Secretary which they have raised before this Court, which shall be considered in accordance with law.