SHREE CHANDRASHEKHAR,J. - (1.) Challenge in the writ petition is to the order dated 26.11.2009 by which application for grant of mining lease to the petitioner has been rejected.
(2.) The petitioner submitted an application on 25.11.1986 for grant of mining lease of Bauxite and Laterite. This application was approved by the Ministry of Steel and Mines and its approval was conveyed to the Government of Bihar vide letter dated 27.10.1989. Finalisation of mining lease in favour of the petitioner, however, was kept pending in view of pendency of Title Suit No. 27 of 1988 in which an order of injunction was passed on 27.03.1992. The petitioner came to this Court seeking a direction for processing his claim for grant of mining lease by filing a writ petition being C.W.J.C. No. 109 of 1998(R). Against the dismissal of the writ petition, the petitioner preferred L.P.A. No. 393 of 1999(R) which also was dismissed on 03.08.2000. Thereafter, the petitioner filed an application for intervention in Title Suit No. 27 of 1988, however, it was dismissed by an order dated 21.11.2005. Finally, when Title Suit No. 27 of 1988 was dismissed on 22.12.2005 the Assistant Mining Officer-respondent no. 6 forwarded the application for grant of mining lease to the petitioner on 06.02.2006 to the Directorate of Mines. When a final decision on his application for grant of mining lease was not taken the petitioner approached this Court in W.P.(C) No. 1769 of 2007 which was disposed of by an order dated 14.08.2008 with a direction to the Principal Secretary, Department of Mines and Geology to take a decision in the matter within three months. However, no decision was taken by the respondent authority which compelled the petitioner to file an application under the Contempt of Courts Act, 1971. At this stage, the impugned order dated 26.11.2009 was passed by the respondent Secretary to the Government.
(3.) In the writ petition (paragraph no. 25) specific case pleaded by the petitioner is that the respondents should take a decision for grant of mining lease in terms of the approval granted by the Government of India under section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957. In this context, it is pertinent to mention that approval granted by the Government of India is dated 27.10.1989. This approval is not unconditional rather, several conditions were imposed by the Government of India while granting approval for grant of mining lease of Bauxite. Twenty years after the approval granted by the Government of India under section 5(1) of MMDR Act,1957, in my opinion, the petitioner cannot seek a direction upon the respondents for grant of mining lease in his favour. Besides the reasons recorded in the impugned order dated 26.11.2009, for the aforesaid reasons, I am not inclined to interfere in the matter and accordingly, the writ petition is dismissed.;