JUDGEMENT
-
(1.) HEARD learned counsel for the parties. The petitioner is seeking review of an order dated 23rd January, 2013 passed in W.P. (C) No. 194 of 2013. For better appreciation the order itself is
quoted hereunder: "Mr. Ananda Sen, learned counsel for the petitioner, submits that the mining
lease in favour of the petitioner stood expired on 2.7.2012; the petitioner has applied for renewal
6/5/2014 Page 192 Sar Aviation Services Pvt.Ltd. Versus State Of Jharkhand of the lease; application seeking renewal of the lease is pending consideration before the
respondents; environmental clearance as well as no objection are required from the Central
Government; the petitioner has already applied for no objection as well as environmental
clearance. He further submits that the Central Government may take reasonable time to pass
appropriate order on the application seeking environmental clearance as well as no objection.
(2.) MR . Ajit Kumar, learned Additional Advocate General, appearing for the respondents, submits that the moment environmental clearance and no objection are received from the appropriate
authority, an appropriate decision in accordance with law shall be taken on the application
seeking renewal of the lease.
In view of the above, learned counsel appearing for the parties submit that the present writ petition may be disposed of with the direction that an appropriate decision on the application
seeking renewal of lease shall be taken in accordance with law by the respondents after
receiving appropriate environmental clearance and no objection from the appropriate authority
and, meanwhile, parties shall maintain status quo on the spot and shall not create any third party
interest. They further submit that the Central Government may also be directed to take
appropriate decision on the application of the petitioner seeking environmental clearance as well
as no objection within such time as this Court deems fit.
(3.) THE present writ petition is thus disposed of with the direction that the Central Government shall take appropriate decision on the application seeking environmental clearance as well as no
objection, in accordance with law, preferably within two months from today. The respondents shall
take appropriate decision, in accordance with law, on the application of the petitioner, seeking
renewal of mining lease, preferably within two months, thereafter. Meanwhile the parties shall
maintain status quo on the spot and no third party interest shall be created by the parties. It is
clarified that the order of status quo shall not be construed to mean any license to the petitioner
to undertake the mining activities at the spot.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.