Court No. - 38
Case :- WRIT - C No. - 38529 of 2018 Petitioner :- Ram Singh And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Satyendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Satyendra Singh, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
By means of this writ petition the petitioners have come to this Court with the grievance that the mining lease has been granted to the respondent nos. 3 and 4, who are carrying minerals in their loaded trucks through the petitioners' land, which is adjoining land and no compensation is being paid for the transportation of the minerals through the petitioners' land, which damages the petitioners' crops, which is the only source of their livelihood. In this regard, the petitioners have made a representation to the District Magistrate on 27.09.2018, which has not been decided as yet.
Learned counsel for the petitioners has relied on the provisions of Rule 44-F of the U.P. Mines and Minerals (Concession) Rules, 1963, which prescribed that if the minerals are transported through the land of the petitioner, which is not of the lessee, the land holder would be entitled to fair compensation as may be agreed between the parties, the competent authority in this case is stated to be the District Magistrate.
Accordingly, the writ petition is disposed of with a direction to the District Magistrate to consider and decide the application of the petitioner in accordance with law, as far as possible within a period of one month from the date of production of a certified copy of this order.
Order Date :- 29.11.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)