VIMLA DEVI Vs. STATE OF U P
LAWS(ALL)-2007-12-92
HIGH COURT OF ALLAHABAD
Decided on
December 06,2007
VIMLA DEVI
Appellant
VERSUS
STATE OF U P
Respondents
Referred Judgements :-
RURAL LITIGATION AND ENTITLEMENT KENDRA VS. STATE OF UTTAR PRADESH [REFERRED TO]K M CHINNAPPA IN TAMIL NADU GODAVARMAN THIRUMALPAD VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
MOHD ALIM S/O LATE GULAM ZILANI VS. STATE OF U P THRU PRIN SECY NAGAR VIKAS AND ORS [LAWS(ALL)-2009-10-311] [REFERRED]GURBACHAN SINGH AND ORS VS. STATE OF U P AND ANR [LAWS(ALL)-2008-2-316] [REFERRED]
JUDGEMENT
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(1.)THE petitioner has filed this writ petition for renewal of the mining lease.
(2.)WE have heard Shri Krishna Kumar Chaurasiya, learned Counsel for the petitioner and learned Standing Counsel for the respondents.
It appears from the contents of the petition that the mining lease was granted in favour of the petitioner for five years i.e. from 27.9.2002 to 26.9.2007. According to Rule 6Aof the U.P. Minor Mineral (Concession) Rules, 1963 (here inafter referred to as the 'Rules') the petitioner has applied for renewal of the lease in Form MM -1 (Ka) on 2.2.2007 i.e. before six months of the expiry of the original lease. The District Magistrate, Mirzapur (respondent No. 3) has not passed any order on her renewal application on the ground that 'No Objection Certificate' has in he obtained from the Forest Department. The petitioner has prayed for the for the issuance of mandamus directing the respondent No. 3 to consider the renewal application of the petitioner without No Objection Certificate of forest department and pass suitable orders
(3.)THE learned Council for the petitioner has urged that the petitioner had filed No. Objection Certificate dated 2.2.2002 (Annexure -1 to the writ petition ) at the time o granting the lease and her renewal application should also be granted on the basis of that certificate. Though there is no written order/objection of the respondent No. 3 on the record but this is a fact that the renewal application of the petitioner has not been decided so far. The learned Standing Counsel has contended that while granting the permission to renew the lease, a fresh 'No Objection Certificate1 is required and without that the renewal application cannot be accepted. Rule 6A runs as under:
"Application fee etc. for renewal of mining lease. -(1) An application for renewal of mining lease may be made at lease six months before the date of expiry of the mining lease along with four copies of the map of lease hold area showing clearly the area applied for renewal and the provisions of clause (a) and (d) of sub -rule (1) of Rule 6 shall mutatis mutandis apply. (2) The State Government may condone the delay caused in making the application for renewal of mining lease after the period specified in sub -rule d)."
(2.)WE have heard Shri Krishna Kumar Chaurasiya, learned Counsel for the petitioner and learned Standing Counsel for the respondents.
It appears from the contents of the petition that the mining lease was granted in favour of the petitioner for five years i.e. from 27.9.2002 to 26.9.2007. According to Rule 6Aof the U.P. Minor Mineral (Concession) Rules, 1963 (here inafter referred to as the 'Rules') the petitioner has applied for renewal of the lease in Form MM -1 (Ka) on 2.2.2007 i.e. before six months of the expiry of the original lease. The District Magistrate, Mirzapur (respondent No. 3) has not passed any order on her renewal application on the ground that 'No Objection Certificate' has in he obtained from the Forest Department. The petitioner has prayed for the for the issuance of mandamus directing the respondent No. 3 to consider the renewal application of the petitioner without No Objection Certificate of forest department and pass suitable orders
(3.)THE learned Council for the petitioner has urged that the petitioner had filed No. Objection Certificate dated 2.2.2002 (Annexure -1 to the writ petition ) at the time o granting the lease and her renewal application should also be granted on the basis of that certificate. Though there is no written order/objection of the respondent No. 3 on the record but this is a fact that the renewal application of the petitioner has not been decided so far. The learned Standing Counsel has contended that while granting the permission to renew the lease, a fresh 'No Objection Certificate1 is required and without that the renewal application cannot be accepted. Rule 6A runs as under:
"Application fee etc. for renewal of mining lease. -(1) An application for renewal of mining lease may be made at lease six months before the date of expiry of the mining lease along with four copies of the map of lease hold area showing clearly the area applied for renewal and the provisions of clause (a) and (d) of sub -rule (1) of Rule 6 shall mutatis mutandis apply. (2) The State Government may condone the delay caused in making the application for renewal of mining lease after the period specified in sub -rule d)."
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