HARSH BARUA Vs. STATE OF MP

JUDGEMENT

(1.) Petitioner has filed this petition challenging the order Annexure P-1 dated 3rd September 2008 passed by Collector, district Morena.By the aforesaid order the Collector has cancelled the mining lease of the petitioner.

(2.) The petitioner had been granted a mining lease of Survey Nos. 1110 and 1112, having area 0.629 hectare, situated at village, Padawali, district Morena for the purpose of extraction of flag-stone from the quarry. The lease was for a period of ten years. Petitioner also executed an agreement to this effect. When petitioner had been carrying mining operations, the Superintendent, Archaeological Survey of India wrote a letter to the Collector and objected about the mining operations conducted by petitioner on the ground that due to mining operations by the petitioner there was a danger to the archaeological sites situated at village Padwali of within 500 metres of the mine of the petitioner. On the basis of aforesaid objection a show cause notice was issued to the petitioner. After considering the reply filed by the petitioner vide order dated 4.5.2007. Annexure P-3 the mining lease of the petitioner was cancelled. Thereafter, petitioner filed a writ petition before this Court challenging the order dated 4.5.2007 passed by the Collector. This Court vide order dated 6.5.2008 passed in Writ Petition No. 5543/2007, quashed the order passed by the Collector and remanded the case back to the Authority with a direction to pass appropriate orders. Thereafter, by the impugned order the mining lease of the petitioners has again been cancelled.

(3.) Learned counsel for petitioner has submitted that cancellation of mining lease of the petitioner is illegal and is against the law. No danger has been caused to the protected monuments as claimed by Archaeological Department and the petitioner has not been using any explosive in mining activities, hence the impugned order is liable to be quashed. Contrary to this, learned counsel for respondents No. 1,2 and 3 have submitted that the order passed by the Collector is in accordance with law and due to mining operations there is a danger to the ancient monuments.