Court No. - 21
Case :- WRIT - C No. - 24549 of 2020 Petitioner :- M/S Jai Bajrang Traders Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Birendra Singh, learned counsel for the petitioner and Shri Pradeep Tripathi, learned Standing Counsel.
The petitioner is before this Court assailing the validity of the order dated 29.11.2020 passed by District Magistrate, Kaushambi-third respondent whereby the petitioner has been directed to forthwith deposit Rs.1,59,48,000/- 25% of total Rs.6,01,92,000/- as security only then his lease deed was to be cancelled. It is also prayed for a direction to respondents especially respondent no.3 to cancel the lease of the petitioner by allowing the surrender application dated 29.11.2020 and further adjust the security amount already deposited in terms of letter of intent.
Learned counsel for the petitioner in support of his submissions has placed reliance on Rule 58 of Uttar Pradesh Minor Minerals (Concession) (Forth Seventh Amendment) Rules, 2019 (in short "Rules of 2019"), wherein proviso to substituted Rule 58 (2) stipulates "Provided that the District Magistrate, after adjusting the security money against the total amount due, shall issue recovery certificate for recovery of the outstanding amount".
On the other hand, learned Standing Counsel raised an objection on the ground that for the relief claimed in the writ petition full fledged mechanism is provided in the Rules of 2019. In this regard he has placed reliance in Rule 29A of the Rules of 2019, which deals with surrender of mining lease. For ready reference Rule 29A is quoted as under:-
"29A Surrender of Mining lease:
(1) Lease holder, on the intended day of surrender, shall submit over and above security deposit, an amount equivalent to 25% of the annual installment of that year and apply for surrender along with the following documents:
(a) No objection for transfer of Environment Clearance Certificate obtained for the concerned lease area in favour of the State government or subsequent proponent.
(b) Certificate of money deposited for difference between quantity mentioned in Environment Clearance and mined out quantity or in case of no difference, a certificate in this regard for the concerned lease issued by Mines Officer/ Mines Inspector.
In accordance with the above, lease holder will be prohibited from carrying out mining activities from the date of application fro surrender of lease and the area will be deemed to be vacant."
Learned Standing Counsel submits that in response to the notice in case the petitioner takes the recourse of the aforesaid provisions, then definitely the authority would proceed to finalise the said proceeding in the matter. More so it is also submitted that present writ petition has been preferred against the notice and as such on this ground also present writ petition is liable to be dismissed.
Considering the facts and circumstances of the case, once the provisions as quoted above contemplates exhaustive procedure, then definitely the petitioner may come forward as per the aforesaid provisions to surrender the lease. As such in case the petitioner moves appropriate application in response to the notice within two weeks with categorical undertaking that the petitioner may abide by the provisions contained therein, then definitely the authority concerned would proceed to finalise the proceeding as per law expeditiously. Suffice to indicate that the entire exercise is to be undertaken strictly in accordance with law holding the field.
The writ petition stands disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 SP/ Digitally signed by Justice Mahesh Chandra Tripathi Date: 2021.01.05 17:24:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Sanjay Kumar Pachori Date: 2021.01.05 17:26:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad