Petitioner sought mandamus preventing mining right settlement on his land. The court held that legislative rules permit mining operations with only compensatory claims, barring restrictions. Writ dismissed.
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Court No. - 34
Case :- WRIT - C No. - 41162 of 2018 Petitioner :- Durgesh Pratap Singh Respondent :- State of U.P. and others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal, J. Hon'ble Rajendra Kumar-IV, J.
“ 67. No restriction etc. to be imposed by owner of land on mining operation except demand of compensation. - (1) No person, who has right in any capacity on the land covered by a mining lease or mining permit, shall be entitled to impose any prohibition or restriction on the mining operation by the holder or such lease or permit of such land or to demand any sum by way of premium or royalty for the removal of minor mineral;
Provided that such person shall be entitled to get annual compensation from the said holder of mining lease or permit for the use of surface of the land for mining operations, as may be agree upon between them.
(2) Where the holder of a mining lease or permit and the
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owner of the surface of the land could not agree upon the amount of annual compensation and a dispute arises in respect thereof, it shall be determined by the District Officer in such manner that-
(a) in the case of agricultural land, the amount of annual compensation shall be worked out on the basis of average annual net income from the cultivation of similar land for the past three years, and
(b) in the case of non-agricultural land, the amount of annual compensation shall be worked out on the basis of average annual letting value of similar land for the previous three years.”
Dt. 08.01.2019 PS
2 issues framed by the court
Whether the petitioner can obtain a writ of mandamus to prevent the State from settling mining rights on his notified land.
Whether Rule 67 of the U.P. Minor Minerals (Concession) Rules, 1963 allows the land owner to impose restrictions on mining operations.
1 provisions across 1 enactments
Durgesh Pratap Singh
State of U.P.
Sudhir Agarwal
Rajendra Kumar IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
