RAMAKANT DWIVEDI Vs. RAFIQ AHMAD
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
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(1.) Leave granted. This appeal has been preferred against order dated 18th June, 2015 passed by the High Court of Judicature at Allahabad in PIL No.35233 of 2015 granting an interim order against excavation of minor minerals by the appellant in respect of lease executed in his favour on 17th October, 2013.
(2.) In the impugned order, the High Court observed that lease granted to the appellant was in violation of its judgments dated 29th January, 2013 in Nar Narain Mishra versus The State of U. P., 2013 2 ADJ 166 and dated 12th September, 2014 Sukhan Singh versus State of U. P., 2014 11 ADJ 89 In Nar Narain Mishra, the operative part of the High Court order is as follows :
"In the result, all the writ petitions are disposed with the following directions :
1) The prayers made by the petitioners/applicants for considering their applications for renewal of their mining leases which were pending on 31/5/2012, and the applications for grant of fresh leases which were pending on 31/5/2012 are refused.
2) The Government Order dated 26/7/2012 and all consequent steps taken thereunder are quashed.
3) Notices issued by the District Magistrate inviting applications by Etendering consequent to the Government Order dated 31/5/2012, cannot be allowed to be finalized and are quashed with liberty to the respondents to issue fresh notice in accordance with law.
4) Parties shall bear their own costs."
(3.) According to the appellant, on 27th April, 2013, the preexisting lease in his favour which expired on 18th November, 2010, was renewed for further period of three years upto 26th April, 2016. Approval was granted on 14th March, 2011 and environmental clearance was granted on 21st September, 2012. It is submitted that order of the Government dated 31st May, 2012 was not applicable and was later withdrawn on 22nd October, 2014 and thus, the lease was valid.;
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