- (1.) The present writ petition has been filed for quashing the order dated 27.9.2006 (Annexure 14 to the writ petition) passed by the respondent No. 2. h Further issuing a writ of certiorari quashing the Condition Nos. 6, 8, 9 and 20 of the No Objection Certificate dated 21.8.2006 (Annexure 7 to the writ petition). Further issuing a writ in the nature of mandamus directing the respondents to renew the lease deed of the petitioner on the basis of No Objection Certificate dated 21.8.2006 issued by the respondent No. 2 without giving effect of the condition Nos. 6, 8, 9 and 20 of No Objection Certificate. Further it has been prayed for refund of the amount of cash security to the tune of Rs. 2 lacs.
(2.) The facts arising out of the present writ petition are that the petitioner is a lessee for excavation of boulders of Plot/Arazi Nos. 3981, 3983 to 3986 comprising area of 4.10 acres situated at village Markundi, Pargana Agori, Tehsil Robertsganj, District Sonebhadra for a period of 10 years with effect from 17.6.1996 to 16.6.2006. The lease has expired on 16.6.2006 hence the petitioner moved an application for renewal of its lease deed six months prior to expiry of the aforesaid lease in pursuance of Rule 6-A of the U.P. Minor Minerals (Concessions) Rules, 1963. The application was pending. In the meantime, the District Magistrate, Sonebhadra directed the respondent No. 2 in respect of issuance of No Objection Certificate. The petitioner's Company was in accordance with the provision of Companies Act and also registered under the Uttar Pradesh Trade Tax and Central Sales Tax Act. Crusher to crush the stones and boulders after excavation has been installed by the petitioner for crushing the excavated minerals that is stone and boulders at Plot No. 3924 which is situated at a distance of 4 or 5 kilometers from the excavation site of the lease deed. The aforesaid plot is a bhumidhari land of the petitioner. The petitioner was granted permission under Rule 9 of the Rules for crushing the boulders or minerals and for its storage at Plot No. 3924 comprising area 3 bigha 8 biswa and has been permitted to store 25,000 cum boulders (dolo Stone) at the said plot. The crushing site of the petitioner on Plot No. 3924 had been in existence since 1996 and Prapatra B under Rule 9 of the Rules, 1963 had always been issued by the District Magistrate after every two years. The excavated minerals from the excavation site of the lease deed of the petitioner has always been brought and stored during continuance of its lease at crusher's site on Plot No. 3924 and at no point of time there was no objection raised by the District Magistrate or by the forest authorities in this respect. The Ranger Kaimoor Wildlife Gurma, Mirzapur vide its letter dated 25.4.2005 issued recommendation to the respondent No. 2 for issuance of No Objection Certificate for renewal of the lease deed of the petitioner.
(3.) Admittedly, the plots in question for which the petitioner has been granted lease are not forest land under Section 4 of the Forest Act and also not within the radius of 100 meters of the forest land, hence considering the entire aspects, the respondent No. 2 issued No Objection Certificate vide its letter dated 21.8.2006 on certain terms and conditions. A copy of the same has been filed as Annexure 7 to the writ petition.;