HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24033 OF 2009 DATED 5TH DECEMBER, 2014.
BETWEEN M/s. Mahendra Mining Company, Rep. by its Managing Partner Sri V.M.Rama Subba Reddy, Proddutur.
…Petitioner And The Government of India, Rep. by its Secretary to the Government, Ministry of Mines, New Delhi and ors.
….Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24033 OF 200 ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
The petitioner submitted an application for mining lease of iron ore, sand stone and soap stone over an extent of 1500 hectares in compartment No.229 to 230 of Jaladurgam Reserve Forest, Dhone Forest Range, Kurnool District. The said application was filed on 10.03.2008. Thereafter, the Supervisor of the office of the Assistant Director of Mines and Geology surveyed and demarcated the area on 25.04.2008 and submitted a report stating that iron ore available in the area is a mineable and it can be utilized in the sponge iron plants and lower grade iron ore can be utilized in cement plants as additive. The Assistant Director of Mines and Geology, fourth respondent herein submitted a detailed report to the third respondent stating that the iron ore is listed under specified Minerals in the First Schedule of the Mines and Minerals (Development & Regulation) Act 1957 and hence the prior approval of the Central Government is required before grant of mining lease. He further stated that the iron ore is not listed under Rule 22(4)(a) and that statutory performa is required as per Section 2 of the Forest Conservation Act.
On earlier occasion the petitioner filed Writ Petition No. 28294 of 2008 wherein this Court directed the respondents to consider and dispose of the application of the petitioner, however, the said direction has not been implemented by the respondents and therefore the petitioner filed Contempt Case No. 595 of 2009 wherein the third respondent filed a counter affidavit stating that a petition seeking extension of time for implementation of the order was filed and that the same has been granted by this Court. Thereafter, a show cause notice was issued to the petitioner on 29.05.2009 and the petitioner submitted its explanation. However without properly considering the explanation of the petitioner, the respondents have rejected the application of the petitioner on 02.07.2009 on the ground that no prospecting work was carried out specifically to the applied areas and only a general geological reconnaissance survey was carried out based on the out crops exposure and that one day field visit by the Assistant Director of Mines and Geology would not bring out the reserves and the same do not satisfy Section 5(2) of the Mines and Minerals (Development and Regulation) Act 1957. Accordingly the application of the petitioner was rejected.
Rejection of applications of similarly placed persons/lessees was considered by this Court in Writ Petition No. 23985 of 2008 and Batch and by common order dated 05.12.2012 and remanded the case to the authorities for consideration afresh in accordance with law. Writ Petition Nos. 19348 of 2010 and 22488 of 2009 and batch would also stand on the same footing and the reasoning for rejection of applications therein was same.
In the circumstances and following the decision in W.P.Nos.23985 of 2008 and batch, dated 5.12.2012, the impugned order in Memo No.14732/M.I(1)/2008, dated 02.07.2009 of the second respondent is set aside and matter is remanded to the second respondent for consideration afresh in accordance with law within a period of three months from the date of receipt of a copy of this order.
The Writ Petition is allowed to the extent indicated above. Miscellaneous petition spending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 5TH DECEMBER, 2014.
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