COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.…
Ordered Government to take final decision on mining lease application within one week. In case of delay, short term permit to be granted on 8th day.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 6991 of 2010. Decided on: November 8, 2010.
| M/S Himalaya Stone Crusher |
…..Petitioner. |
|---|---|
| Versus | |
| State of H.P.& Ors. |
….Respondents. |
| Coram | |
| The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Ahuja, Judge. |
For the petitioner: Ms. Madhu Sharma, Advocate. For the Respondents: Mr. R.K.Bawa, AG, with Mr. Ankush Dass Sood, Addl. A.G.
---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral)
The petitioner has prayed for following reliefs in the Writ
Petition:
“(A) That the respondent may kindly be directed to grant the renewal of mining lease to the petitioner for the area which has been applied and recommended by the Joint Inspection Committee.
(B) That the respondent may kindly be directed to grant the short term permit as per the provision of River Bed Mining Policy i.e. 9.7 Strategy 7 short term permit in river/stream beds shall be issued only in exceptional cases where (5) The area pending for grant of lease and has been recommended for grant of lease by sub-Divisional Committee, subject to the conditions that the working shall be done as per recommendations of the SubDivisional Committee. Or allow the petitioner to continue with the mining operation in the area under renewal as per provision 9.1.C of the River Bed Mining Policy dated 28.2.2004 which provides “IF an application for renewal of a mining lease made within the time and is not disposed of by the State Government before the expiry of the lease, the period of that lease shall be deemed to have been
2
extended by a further period till the State Government passes order thereon”. Till the time the renewal is granted in favour of the petitioner.”
application(s), if any.
Copy Dasti.
(Justice Kurian Joseph), Chief Justice.
November 8, 2010. ( Justice V.K.Ahuja ), (karan) Judge.
M/S Himalaya Stone Crusher
State of H.P.
Kurian Joseph
V.K. Ahuja
As recorded by the court registry
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