M.Y.EQBAL, J. - (1.) IN these writ applications, the petitioners have prayed for quashing the letter dated 13.9.2005 issued by the State Government withdrawing the proposal of the petitioners for approval Under Section 5(1) of the Mines and Mineral (Regulation and Development) Act, 1960 (in short 'Act of 1960') and also withdrawing the application of the petitioners for grant of mining lease of Iron Ore in different areas of Mouza Ghatkuri in West Singhbhum district for captive consumption of its Integrated Steel Plant in the State of Jharkhand and further for a direction prohibiting the State Government from promulgating notification for dereservation under Rule 59(1) of the Mineral Concession Rules, 1960 (in short 'Rules of 1960') regarding the applied area of the petitioners for mining lease.
(2.) FIRST of all, I shall state the brief facts of the case pleaded by the writ petitioners in their respective writ petitions. W.P.C. No. 1769/2006: The petitioner M/s. Adhunik Alloys and Power Ltd is carrying on business of Iron and Steel and has been operating three fully integrated steel plants in the State of Orissa, West Bengal and Jharkhand. The petitioner proposed to set up 2.2 MTPA Integrated Steel Plant in the State of Jharkhand and for the aforesaid purpose, the petitioner submitted mining lease application with requisite fee and documents to the competent authority of the Government of Jharkhand over an area of 8809.37 acres in Mouza Ghatkuri in West Singhbhum for captive consumption of its proposed Integrated Steel Plant at Kandra, Jharkhand. The said mining lease application was duly accepted by the respondents and the Deputy Commissioner, Singhbhum West, Chaibasa forwarded the said Mining Lease application of the petitioner along with five other applicants to the Director of Mines, Jharkhand along with all the requisite documents vide his letter dated 16.9.2003. The petitioner and other applicants having overlapping applications were directed by the Director of Mines, Jharkhand to be present for a personal hearing under Rule 26(1) of the 1960 Rules. It is stated that on 7.1.2004 personal hearing was given to all the applicants including the petitioner by the Director of Mines and the Deputy Secretary to the Government of Jharkhand. However, the date for personal hearing was postponed to 4.2.2004. On 4.2.2004, personal hearing under Rule 26(1) of the Rules was completed for all the 58 applicants including the petitioner over Ghatkuri area. Ultimately the petitioner was given preference over other applicants for grant of mining lease. Accordingly, on 26.2.2004, a Memorandum of Understanding (MOU) was entered into by and between the Government of Jharkhand and the petitioner to set up and Integrated Steel Plant at village Kandra in the district of Seraikela -Kharsawan at a cost of Rs. 790 crores. In the said MOU, the Government of Jharkhand expressed its desire for utilization of natural resources and rapid industrialization of the State for the prosperity and the well -being of its people and in such context, it also expressed its willingness to extend assistance to suitable promoters to set up new industries in the State. On 4.8.2004, the Government of Jharkhand took a decision to grant mining lease on Iron Ore for captive consumption to the petitioner over a reduced area of 426.875 hectares. Thereafter, vide letter dated 6.9.2004, the Central Government directed the State Government to submit a comparative statement of the merits of all the applicants with adequate justification in the interest of mineral development to justify the grant of mining lease to the petitioner in preference to prior applicants. Instead of complying the aforesaid formalities, the District Mining Officer, Chaibasa for the first time vide letter dated 17.11.2004 informed the Secretary, Department of Mines and Geology, govt. of Jharkhand that certain portions of Mouza Ghatkuri and the adjoining areas were reserved for public sector under the Act and the Rules by two notifications, published in the year 1962 and 1969 respectively. The gazette publication of these notifications were however not available.
(3.) ON the other hand, the Central Government vide letter dated 15.6.2005 informed the State Government that a joint meeting of the Officers of Ministry of Mines, Government of India and the concerned Officers of the Government of Jharkhand shall be held to clarify certain issues for the grant of mining lease to the applicants including the petitioner. The Central Government fixed 20.6.2005 as the date for holding the said meeting. In the meantime, the petitioner completed construction of Phase -I of its Integrated Steel Plant and commissioned the same. The petitioner stated facing acute shortage of Iron Ore. When the proposal for approval of the mining lease was pending before the Central Government, the State Government signed another MOU on 19.8.2005 with the petitioner for additional capacity of 1.8 MTPA in Stage -II in addition to 0.4 MTPA capacity in Stage -I as per the first MoU already signed on 26.2.2004. In the said MOU, the State Government again reiterated its commitment to grant concession to the petitioner as per the existing Acts and Rules.;