- (1.) Smt. Prabhavati Devi is before this Court with prayer to issue writ in the nature of mandamus directing the District Magistrate, Chandauli to pass appropriate order for deciding the application dated 28.09.2015 moved by the petitioner for grant of permission to carry on mining operation for the remaining obstructed period.
(2.) Record in question reflects that mining lease in question has been granted in favour of the petitioner for the period starting w.e.f. 20.12.2011 to 19.12.2014. It appears from the record in question as has been set up by the petitioner that for want of environment clearance the petitioner was restrained from mining activity w.e.f. 27.08.2013. Thereafter petitioner succeeded in getting environment clearance certificate dated 22.09.2015 and as such for the obstructed remaining period i.e. one year three months and twenty three days petitioner requested that she should be granted permission to carry on mining activity.
(3.) Accepted position is that lease life started w.e.f. 20.12.2011 and the said lease life came to an end on 19.12.2014 and the three years lease period has already expired on 19.12.2014 and in between once there was requirement of environment clearance and the same was not there, in view of this petitioner has been restrained from mining activity on 27.08.2013 and the petitioner has got said environment clearance in question admittedly after expiry of lease period in question, then petitioner cannot claim as a matter of right that for obstructed period i.e. one year three months and twenty three days she should be permitted to carry out mining activity. Once the outer limit of the lease period in question has already expired then the request as has been made by the petitioner cannot be accepted by us but it is made clear that in case petitioner has a feeling that injustice has been done to her, then she can always approach appropriate forum by preferring suit for claiming damages but certainly life of lease in question cannot be extended by us.;