V.K. Shukla, J. - (1.) (Oral) - M/s. Digiana Industries Pvt. Ltd is before this Court with a request to command respondent nos. 2, 3, 4, 5, 10 & 12 not to interfere with the valid transportation of minor minerals from the State of M.P. to State of U.P. by the petitioner specially in the backdrop when petitioner is ready to deposit requisite transit fee, levy and taxes and any other fee made applicable by the State of U.P. Petitioner, M/s. Digiana Industries Pvt. Ltd claims that it is a valid lease holder in the large part of the State of Madhya Pradesh including the area neighboring the State of U.P. particularly in District Tikamgarh, District Panna, District Chhattarpur and in some of the area of river Betwa i.e. dividing the boundaries of State of U.P. and State of M.P. in district Tikamgarh and Chhattarpur and in some areas of District Panna Ken River and its tributaries i.e dividing State of U.P. and State of M.P.
(2.) Petitioner has proceeded to mention that as per the Mineral Policy of State of M.P. the entire mining operation in respect of minor mineral sand was given to the Madhya Pradesh State Mining Corporation Limited which is an undertaking of the State of Madhya Pradesh. The Madhya Pradesh State Mining Corporation Limited to obtain higher price invited online offer on 14.05.2015 in respect to various area of District Tikamgarh, District Chhattapur and District Panna of State of M.P. Petitioner has also proceeded to mention that in district Tikamgarh, petitioner's company offered highest bid for the following areas:- 1. Village Uprara 2. Village Veerpura 3. Pathari-I, 4. Pathari-IV 5. Mahoba Chak-4 and 6. Madhori. The aforesaid areas are indicated in Group Lidhora Code No. SMC 0071. The letter of intent was issued by the Madhya Pradesh State Mining Corporation Limited on 28.05.2015. On 06.10.2015, even letter of acceptance was issued to the petitioner by the Madhya Pradesh State Mining Corporation Limited. Petitioner has further stated that he has obtained prior Environment Clearance for sand quarry for Khasra No. 1 Village Madhori, Khasra No. 156 Village Mahoba Chak (4), Khasra No. 119 Village Pathari, Khasra No. 119 Village Pathari-2, Khasra No. 759 at Village Veerpura, Khasra No. 01 Village Uprara all situated in Tehsil Lidhora of District Tikamgarh. Petitioner has further proceeded to mention that apart from the Environmental Clearance by the State Environment Impact Assessment Authority (SEIAA), M.P. (Government of India Ministry of Environment & Forest) constituted under Environment (Protection) Act, 1986, the petitioner also obtained Grant of Consent to operate under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 under Section 21 of the Air (Prevention of Pollution) Act 1981 on 09.11.2015 from M.P. Pollution Control Board.
(3.) Petitioner has further proceeded mention that like District Tikamgarh, petitioner company has also obtained auction mining permission on 24.09.2015 of Khasra No. 647/1, 14 Ha in village Nehra Tehsil Gourihar District Chhattarpur, and a letter No. 1389 (D)/Khanij/2015 dated 05.11.2015 to the effect was issued by the Collector (Khanij) District Chhattarpur, M.P. in favour of the petitioner. It has also been mentioned by the petitioner that he has also obtained Grant of Consent to Operate under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 under Section 21 of the Air (Prevention of Pollution) Act, 1981 on 01.06.2016 from M.P. Pollution Control Board. It has also been mentioned that in District Panna, petitioner's Company has also obtained auction mining permission in Khasra No. 1 7 Ha in village Beera No. 2, Tehsil Ajaygarh District Panna, a letter No. 314/ 11/ M/ 3/6/2015 dated 04.02.2015 to this effect was issued by the Collector (Khanij) District Panna M.P. in favour of the petitioner and he has also obtained Environmental Clearance from the State Environment Impact Assessment Authority (SEIAA), M.P. (Government of India, Ministry of Environment & Forest) vide letter no. 9637/SEIAA/15 dated 21.12.2015. It has also been mentioned that petitioner has also obtained Grant of Consent to operate under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 under Section 21 of the Air (Prevention of Pollution) Act, 1981 on 09.12.2015 from M.P. Pollution Control Board. Petitioner has contended that he has been carrying mining activities strictly in accordance with law.;