- (1.) Challenging orders dated 03.09.2014 and 06.09.2014 and seeking a direction upon the respondents to immediately and forthwith grant extension allowing the petitioner to work the mines for a period of atleast 1 year or any lesser period within which the renewal of mining lease be executed in favour of the petitioner, the present writ petition has been filed.
(2.) The petitioner is engaged in the business of raising Copper ore from Surda Copper Mines, in respect of which the predecessor in interest of the petitioner was granted a mining lease at Mosabani on 16.6.1939. Under Section 3(1) of the Indian Copper Corporation (Taking Over of Management)Act, 1972 the management and undertaking of the Indian Copper Corporation Limited was taken over and stood transferred to and vested in the Central Government with effect from 21.09.1972. Vide Gazette Notification dated 25.09.1972 all the properties, assets/liabilities and obligations stood vested in the Hindustan Copper Limited. The first renewal of Surda Copper Mine was with effect from 16.06.1984 for a period of 20 years. On 05.06.2004, the petitioner submitted application for 2nd renewal of the mining lease which was granted by executing a formal lease dated 22.02.2007 w.e.f 16.06.2004 for a period of 10 years. The petitioner submitted application under the Water (Prevention & Control of Pollution) Act, 1974 and under the Air (Prevention & Control of Pollution) Act, 1981 for "consent to operate" which were duly granted. Two years before the 3rd renewal for the Surda Copper Mine became due on 16.06.2014, the petitioner submitted its application on 18.03.2013. Before that, on 21.06.2012, the petitioner submitted its revised Form-I before the Expert Appraisal Committee for capacity expansion and lease renewal and, the proposal was taken up for consideration in 28th meeting of the Expert Appraisal Committee. The minutes of the 28th meeting of the Expert Appraisal Committee dated 21.06.2012 was uploaded on the official website of the Ministry of Environment and Forest on 21.07.2012. A draft Environment Impact Assessment Report was got prepared by the petitioner from MECON. The Jharkhand State Pollution Control Board directed the petitioner to make its technical presentation on 30.04.2013 and accordingly, the petitioner made technical presentation for Environment Impact Assessment plan for Surda Mining Lease. The petitioner-company also again approached the Ministry of Environment and Forests, Government of India vide letter dated 02.01.2014 and 12.03.2014 for prescribing T.O.R. for environmental clearance for capacity expansion of Surda Copper Mines.
(3.) A counter-affidavit has been filed on behalf of respondent Nos. 1-3 stating that the application for 3rd renewal of the mining lease for Surda Copper Mines was submitted on 18.03.2013, which is under consideration of the State Government. In view of the amendment in Rule 24 A (6) of the Mineral Concession Rules, 1960, a direction was issued to the petitioner to stop mining operations. The application submitted by the petitioner was not accompanied with copies of permission under Forest Conservation Act, 1980 and "consent to operate" from Jharkhand State Pollution Control Board, Ranchi. In the supplementary counter-affidavit, the respondent-State of Jharkhand has pointed out that the project of the petitioner has been de-listed by MoEF and the Jharkhand State Pollution Control Board has refused to renew "consent to operate" order.;