- (1.) Rameshwar Dutt Awasthi describing himself as proprietor of M/s. Bhulli Maharaj & Sons, Shankargarh, Allahabad, is before this Court under Article 226 of the Constitution of India for according following reliefs; I.pass appropriate writ, order or direction in the nature of mandamus directing that the tenure of petitioner's mining lease over an area of 47-06 hectare in Village Janwa, Tehsil Bara in District Allahabad stood extend for a period of 50 years pursuant to the provisions of Section 8A (6) of the MMDR Amendment Act, 2015; II.issue a writ, order or direction in the nature of mandamus restraining the District Magistrate, Allahabad, from interfering mining operations and also to issue the transit permit (Form-G) for dispatch of silica sand by the petitioner; III.Issue such other and further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case; and IV.Award the cost of the writ petition.
(2.) The factual matrix of the case in hand in brief is that on 16.9.1979 the State of U.P. granted a mining lease over an area of 47-06 hectare in Village Janwa, Tehsil Bara in District Allahabad to one Bhulli Maharaj s/o Hari Kishore Awasthi, proprietor of M/s. Bhulli Maharaj & Sons, Shankargarh, Allahabad, for extraction of silica sand minerals under the Mines & Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the '1957 Act') read with the provisions of Mineral Concession Rules, 1960 (hereinafter referred to as the '1960 Rules') for a period of ten years commencing w.e.f. 16.9.1979 to 15.9.1989. Thereafter, application for renewal of the said lease-deed has been moved and the State Government in its turn accorded first renewal for a further period of ten years commencing w.e.f. 16.6.1989 to 15.6.1999 and based on the same lease-deed was executed on 13.12.1993 pursuant to the Government Order dated 23.4.1991. In the lease-deed in question, that was so prepared, a categorical mention was made that the mining lease relates to silica sand, a mineral not specified in the First Schedule to the Act and it is renewable for one further period, the State Government for a further period not exceeding the period specified in Section 8 (2) of the MMDR Act, 1957. Before expiry of the lease period one year prior to it on 12.6.1998 application was moved for renewal of the lease in question for a further period of 20 years and it has been mentioned that ADM (A) vide notice dated 18.6.2011 directed the petitioner to submit environment clearance certificate and simultaneously petitioner was restrained from carrying out mining operations from 1.7.2011 for want of environment clearance certificate. Thereafter, petitioner has applied for environment clearance certificate and on 3.9.2012 the Divisional Director, Social Forestry Department, Allahabad granted no objection for mining of silica sand and ADM (A) taking note of the said NOC dated 3.9.2012 recommended to the Director, Geology & Mining, for renewal of the mining lease for a further period of 20 years. Petitioner has further stated that on 27.6.2014 the Director, Geology & Mining, taking note of recommendation letter dated 12.11.2013, recommended to the Principal Secretary, Geology & Mining Department, Government of U.P. at Lucknow for renewal of lease for a period of 20 years and based on the same on 20.9.2014 the ADM (A) requested the Controller General, Indian Bureau of Mines, Nagpur to submit report in the matter of renewal application dated 12.6.1998. Petitioner's submission before us is that till today no orders in black and white has been passed on the said renewal application and during the pendency of the aforementioned application in question Parliament thought necessary that the provisions for granting of mining lease and its renewal needs change by introducing uniformity in the process and, accordingly, Section 8A was inserted in the MMDR Act, 1957 w.e.f. 12.1.2015.
(3.) Section 8A introduced through the above amendment, is being extracted hereunder: "8A. Period of grant of a mining lease for minerals other than coal, lignite and atomic minerals. -- (1) The provisions of this section shall apply to minerals other than those specified in Part A and Part B of the First Schedule. (2) On and from the date of the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, all mining leases shall be granted for the period of fifty years. (3) All mining leases granted before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 shall be deemed to have been granted for a period of fifty years. (4) On the expiry of the lease period, the lease shall be put up for auction as per the procedure specified in this Act. (5) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, where mineral is used for captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st March, 2030 with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with. (6) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, where mineral is used for other than captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st March, 2020 with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with. (7) Any holder of a lease granted, where mineral is used for captive purpose, shall have the right of first refusal at the time of auction held for such lease after the expiry of the lease period. (8) Notwithstanding anything contained in this section, the period of mining leases, including existing mining leases, of Government companies or corporations shall be such as may be prescribed by the Central Government. (9) The provisions of this section, notwithstanding anything contained therein, shall not apply to a mining lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, for which renewal has been rejected, or which has been determined, or lapsed.";