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2018 DIGILAW 863 (JHR)

Nirmal Kumar Pradeep Kumar v. Union of India

2018-04-17

SHREE CHANDRASHEKHAR

body2018
ORDER : W.P.(C) No. 790 of 2018 1. The petitioner-M/s Nirmal Kumar Pradeep Kumar has approached this Court for the following reliefs : a. For issuance of an appropriate writ, order or direction, upon the State Government, particularly respondent no.3, commanding it to issue Transit Challans to the petitioner forthwith for transporting of mineral extracted from the mines situated at Village Ghatkuri, Chaibasa, West Singhbhum over an area of 149.74 hectares. b. For issuance of a further appropriate writ, order or direction, directing the respondent no.1-Revisional Authority under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 to hear and dispose of the Revision Application No.06/(04)/2017/RC-I dated 22.12.2017 (Annexure-3) and/ Or the Interim Application of the petitioner filed in terms of Rule-35(6) of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016. 2. The petitioner has pleaded that a mining lease for Ghatkuri Iron Ore Mines was originally granted in favour of M/s Rattanlall Surajmull on 28.07.1953 which has been transferred in favour of M/s Rattanlall Tarachand on 03.04.1970 after obtaining approval from the State Government. The lease period was renewed for 10 years on 25.01.1979 which, in the Revision Application filed by the lessee, was granted for 20 years. Now, the lease has been transferred to the petitioner on 27.06.1987 through a registered deed vide Government Order dated 04.05.1987. W.P.(C) No. 798 of 2018 3. The petitioner has pleaded that a mining lease of Bihar (Meralgara) Iron Ore Mines over an area of 66.781 hectares in village Meralgara, District West Singhbhum, Jharkhand was granted in favour of M/s Rattanlall Surajmull with effect from 12.12.1961 for a period of 30 years and lastly it was transferred in favour of the petitioner. 4. Considering the pleadings in both the writ petitions, partner of the petitioner-firm namely, Pradeep Kumar Jain shall file his personal affidavit disclosing the amount of royalty, dead rent/ surface rent and all statutory taxes paid by the petitioner-firm since 2000-2001, year-wise, with documentary proof thereof. The statutory clearance granted to the petitioner-firm under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981, Forest (Conservation) Act, 1980, E.I.A., E.P.A., Pollution Control Board, approved mining plan, mining scheme etc. from 2000 to 2016 shall be produced along with the affidavit. 5. The statutory clearance granted to the petitioner-firm under Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981, Forest (Conservation) Act, 1980, E.I.A., E.P.A., Pollution Control Board, approved mining plan, mining scheme etc. from 2000 to 2016 shall be produced along with the affidavit. 5. The Secretary, Department of Industry, Mines and Geology, Government of Jharkhand shall also file an affidavit disclosing the amount of royalty, dead-rent/surface rent and other statutory payments made by the petitioner-firm from 2000-2001 to 03.05.2017. In the affidavit, the respondent-Secretary shall also disclose the steps taken after the order of remand by the revisional authority through order dated 19.02.2014, on the demands raised by the State vide letters dated 30.05.2014 and 02.05.2015. 6. The petitioner has already approached the revisional authority challenging the demand notice dated 07.09.2017 which, it appears, was taken up for hearing on 30.01.2018. In the writ petition one of the prayers made by the petitioner is to direct the revisional authority to hear the application for interim relief. Mr. Rajiv Sinha, the learned counsel for the respondent-Union of India submits that several applications by the mining lease holders from the State of Jharkhand have been filed which are taken up for hearing together. 7. In the above facts, the revisional authority shall hear the petitioner’s application in the 2nd week of May, 2018. In the meantime, the petitioner shall furnish all necessary details and documents within one week by filing supplementary affidavit to its Revision Applications. 8. Post the matter on 15.05.2018. 9. Let a copy of the order be given to the learned counsels for the parties. Direction issued.