Awadhesh Singh Thakur Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through The Secretary, Department Of Mineral Resources, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, DistrictRaipur, (C.G.)

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2 - Director Directorate Of Geology And Mining, Indrawati Bhawan, Atal Nagar, Raipur, District- Raipur, (C.G.)

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3 - Collector (Mining) Mahasamund, District- Mahasamund, (C.G.)

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4 - Mining Officer Mahasamund, District- Mahasamund, (C.G.).

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... Respondent(s)

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For Petitioner(s) : Ms. Priyanka Rai, Advocate. For Respondent(s) : Shri R.N. Pusty, Govt. Advocate.

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Single Bench: Hon'ble Shri Justice Sanjay S. Agrawal Order on Board

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08.04.2025

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1. By virtue of this petition, the petitioner is questioning the legality and propriety of the order dated 06.02.2020/07.02.2020 (Annexure P/1) passed by Respondent No.1-The Secretary, Department of Mineral Resources, State of Chhattisgarh, Raipur in Appeal Case No.F 4-29/2019/12, whereby, the appeal preferred by the petitioner against the order dated 29.06.2019 (Annexure P-9) passed by the Respondent No.2-Director, Directorate of Geology and Mining, Raipur, affirming the order dated 15.07.2016 (Annexure

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P-8) passed by respondent No.3-Collector (Mining), Mahasamund, dismissing the petitioner’s application for grant of quarry lease, has been dismissed.

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2. Learned counsel appearing for the petitioner submits that the application seeking grant of mining lease made on 06.05.2015 before the competent authority, i.e. the Collector (Mining Department) Mahasamund, was, however, rejected vide order dated 15.07.2016 (Annexure P-8), while taking note of clause (a) of sub-rule (2) of Rule 23 A of the Chhattisgarh Minor Mineral Rules, 2015 (hereinafter referred to as “the Rules of 2015”) as inserted on 23.03.2016 by way of the Notification No.F-6-42/2012/12, dated 23^rd March, 2016. It is contended further while referring to the letter/ communication dated 11.06.2015 (Annexure P-7) issued by the Mining Officer, District Mahasamund, wherein, the petitioner was directed to submit the approved mining plan as well as the environmental clearance certificate, which is one of the essential part of the Letter of Intent, therefore, the petitioner’s case would come within the purview of Rule 23-A (2)(b)(ii) of the Rules of 2015, as such, the respondent authorities have committed an illegality in rejecting the said application seeking grant of mining lease.

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3. On the other hand, learned counsel appearing for the State/ respondents submits that after the filing of the said application for grant of mining lease, the amendment was made while inserting Rule 23 A in the Rules of 2015 by virtue of Gazette Notification bearing No.F-6-42/2012/12, dated 23.03.2016 and, according to clause (a) of sub-rule (2) of Rule 23 A of the Rules of 2015, the application was, therefore, held to be ineligible and there is no infirmity in the order impugned, rejecting the application of the petitioner on 15.07.2016 and the appellate authorities have, therefore, not

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committed any illegality in affirming the same. It is contended further that although, vide letter dated 11.06.2015 (Annexure P-7) issued by the Mining Officer of District Mahasamund, the petitioner was directed to submit the mining plan as well as the environmental clearance certificate, but the same was found to be illegal by virtue of the order impugned dated 06.02.2020 (Annexure P-1) as the petitioner has failed to obtain the environmental clearance certificate, as such, the said clause, i.e. Rule 23 A (2)(b)(ii) would not be attracted. The petition, as framed, is therefore, liable to be dismissed.

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4. Since the rejection of petitioner’s claim for grant of quarry lease has been made while taking note of the provisions prescribed under Rule 23-A, inserted vide Gazette Notification bearing No.F-6-42/2012/12 dated 23.03.2016, therefore, it is necessary to examine the same which provide as under :-

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[23A. Grant of Quarry Lease. -(1) Powers to Grant Quarry Lease:

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(a) The State Government shall have the powers to grant quarry lease for minerals specified in Part A and Part B of Schedule I through the process of electronic auction to be conducted by the Director.

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(b) The Director shall have the powers to grant quarry lease for minerals specified in Part C of Schedule I and Part A of Schedule II for an area of more than ten hectares through the process of electronic tendering to be conducted by the Collector.

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(c) The Collector shall have the powers to grant quarry lease for minerals specified in Part C of Schedule I and Part A of Schedule II for an area upto ten hectares through the process of electronic tendering to be conducted by the Collector.

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(2) Rights of Existing concession holders and applicants:

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(a) All applications received for the grant of quarry lease prior to the date of commencement of these amendment rules,

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shall become ineligible.

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(b) Without prejudice to sub-rule (a), the following shall remain eligible on and from the date of commencement of these Amendment Rules :-

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(i) Where before the commencement of these Amendment Rules, prospecting licence has been granted in respect of any land for any mineral, the licensee shall have a right for obtaining a quarry lease in respect of that mineral in that land, if the Competent Authority is satisfied that the licensee :-

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(I) has undertaken prospecting operations, to establish the existence of mineral contents in such land through pitting and drilling as required or has otherwise established the existence of minerals;

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(II) has not become ineligible under the provisions of these Rules; and

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(III) has not failed to apply for grant of quarry lease, within a period of ninety days after the expiry of the prospecting licence, or within such further period not exceeding six months as may be extended by the Director.

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[(ii) Where a grant order for quarrying or Letter of Intent (by whatsoever name called) has been issued by the Competent Authority prior to 23rd March, 2016, the quarry lease shall be granted before 22nd March, 2018, subject to fulfillment of the condition laid down in the grant order or Letter of Intent.]

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(iii) Applications pending for renewal under Rule 38 of these Rules.

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(3) Preliminary Procedure for Grant of Quarry Lease :

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(a) (i) The Competent Authority shall have the powers to suo-motu identify, demarcate and notify an area, where the existence of mineral contents of any minor mineral is established in the manner prescribed by

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the State Government for grant of Quarry lease through electronic auction or electronic tendering, as the case may be.

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(ii) Other than the areas so identified in sub-clause (i), applications may be received in Form-I by the Competent Authority in case of such areas where the existence of mineral contents of any minor mineral is established for the grant of Quarry lease; Applications for minerals contained in Part A and Part B of Schedule I shall be received by the Director and applications for minerals contained in Part C of Schedule I and Part A of Schedule II shall be received

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by the Collector.

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(b) The Competent Authority shall enter on it the date and time on which the application was received by him and process the area applied for e-auction or e-tendering, as the case may be, within a period of 60 days from the date of receipt of application. The e-auction or e-tendering, as the case may be, shall be notified by with publication of notice for auction on the departmental website. The details of the notification for e-auction or e-tendering, as the case may be, shall also be displayed on the notice board of the concerned District Collectorate, Zila Panchayat, Janpad Panchayat and Gram Panchayat of the district concerned.

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(c) The State Government shall if it is of the opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and area of a mineral deposits and a District or Districts, subject to which the e- auction or e-tendering shall be conducted:

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Provided that the terms and conditions may include the reservation of any particular mine or mines for a particular end-use and subject to such condition which allow only such eligible end users to participate in the auction.]

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5. By virtue of clause (a) of sub-rule (2) of the aforesaid provisions, it is evident that all the applications received for grant of quarry lease prior to the date of commencement of the amendment of the Rules of 2015, i.e. 23.03.2016, shall become ineligible and, sub-rule (2)(b)(ii) of it would be attracted where a grant order for quarrying or Letter of Intent (by whatsoever name called) is issued by the Competent Authority prior to 23^rd March, 2016, then only the quarry lease shall be granted before 22^nd March, 2018, but subject to fulfillment of the condition laid down in the grant order or Letter of Intent. Meaning thereby, if grant order for quarrying lease or Letter of Intent (by whatsoever name called) is issued prior to 23^rd March, 2016, then the lease for the purpose shall be granted before 22^nd March, 2018, if the condition provided therein is fulfilled, else the same shall not been granted. The fulfillment of the condition provided therein, thus, shall be the sine qua non for issuance of quarry lease before 22^nd March, 2018.

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6. In the instant matter, the application for grant of quarry lease was made by the petitioner on 06.05.2015 (Annexure P-2) before the competent authority i.e. the respondent No.3-Collector (Mining), District Mahasamund for a period of 10 years with regard to the land admeasuring 1.49 hectare out of Khasra No.39 and 40, Patwari Halka No.33 of village Mudhena, Tehsil and District Mahasamund. The said application, thus, appears to have been pending before the insertion of the above-mentioned provision, as such, the same shall become ineligible in view of clause (a) of sub-rule (2) of Rule 23 A of the Rules of 2015. The respondent No.3-Collector (Mining) District Mahasamund, while taking note of the said amendment inserted with effect from 23.03.2016, has, therefore, not committed any illegality in rejecting the

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said application as claimed by the petitioner holding it to be ineligible, nor the appellate authorities have erred in upholding the same.

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7. Now, in so far as the further contention of the counsel for the petitioner based upon the communication/letter, dated 11.06.2015 (Annexure P-7) issued by the Mining Officer, Mahasamund directing the petitioner to submit the approved mining plan as well as the clearance of environmental certificate, would, thus, be the essential part of the Letter of Intent attracting sub-rule (2)(b)(ii) of Rule 23-A of the Rules of 2015, is concerned, the same is, however, noted to be rejected, as by virtue of the said communication, the petitioner was required to fulfill the condition forthwith as provided therein. However, the petitioner has failed to produce the environmental clearance certificate, therefore, for non-compliance of the same, the quarry lease was not granted prior to the statutory prescribed period, i.e. 22^nd of March, 2018. In view thereof, the petitioner, at such a belated stage, after passing of the said period, i.e. 22^nd March, 2018, vis-a-vis, non-compliance of the conditions provided in the said communication/letter dated 11.06.2015 (Annexure P-7), would, therefore, be not entitled to get the benefit of the said provision.

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8. Consequently, the petition being devoid of merit is dismissed.

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No order as to costs.

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SD/- (Sanjay S. Agrawal) Judge

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Tumane

Awadhesh Singh Thakur v. State of Chhattisgarh

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Awadhesh Singh Thakur v. State of Chhattisgarh

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