Court No. - 38
Case :- WRIT - C No. - 37936 of 2018 Petitioner :- M/S Raj Construction Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Learned Standing Counsel was granted time to file counter affidavit, but no counter affidavit has been filed.
Heard Sri Birendra Singh, learned counsel for the petitioner and learned Standing Counsel for the State.
By means of this writ petition, the petitioner has come to this Court stating that pursuant to grant of mining lease being the highest bidder, the letter of intent has been issued in favour of the petitioner with regard to the available minerals to the tune of 1,60,000 cubic meters.
It is to be noted that after letter of intent is issued, the miner has to obtain environment clearance certificate from the Environmental Impact Committee (hereinafter referred to as the "Committee"). The clearance certificate that has been given by the Committee shows that 94,000 cubic meters per annum is extractable minerals, therefore, the petitioner has moved an application that extractable minerals, as mentioned 1,60,000 cubic meters, should be modified according to the certificate given by the Committee.
Learned Standing Counsel, on the other hand, submits that before grant of letter of intent, all miners are required to inspect the area as mentioned in the e-tender notice with regard to the extractability of minerals. Once the petitioner has inspected the area and has now extended his bid and, thereafter, letter of intent has been issued by wrongly projecting the facts before the Committee and the Committee has got reduced the sand from 1,60,000 cubic meters to 94,000 cubic meters, therefore, the mining authorities have moved an application before the said Committee, which is pending.
Be that as it may, since the letter of intent has been issued and according to the certificate of the Committee, the District Magistrate will look into the claim of the petitioner and pass appropriate order, in accordance with law, within a month from the date a certified copy of this order is presented before it.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 20.12.2018 Ajeet (Vivek Varma, J.) (Abhinava Upadhya, J.)