RANCHI, India, Sept. 25 -- Jharkhand High Court issued the following order on Aug. 25:

1. This writ petition is under Article 226 of the Constitution of India seeking for the following reliefs: -

"For issuance of an appropriate order(s)/, direction(s) directing the concerned respondents-authorities to execute a mining lease in favour of the petitioner pursuant to the Letter of Intent issued vide letter No.1561/M dated 05.07.2017 (Annexure-4) with respect to mining of mineral stones over Mauza Gahrajor, PSTisri, Thana No.62, Khata No.1, Plot No.54/P, admeasuring 12 acres as the petitioner had already submitted the mining plan and environmental clearance as required in the said Letter of Intent and has completed all other necessary formalities for execution of mining lease.."

2. The brief facts of the case, as per the pleading made in the writ petition, requires to be enumerated, which read as under: -

(i) It is the case of the writ petitioner that the petitioner is a partnership firm and all its partners are citizens of India and are residing within the territorial jurisdiction of this Hon'ble Court and have right to sue for protection of their legal right as enshrined under the Constitution of India.

(ii) That the petitioner-Firm had applied for grant of mining lease for mineral/stones over land admeasuring 12 acres of land situated in Plot No.54/P, Khata No.1, PS- Tisri, Thana No.62, Mauza Gahrajor, District - Giridih.

(iii) It is pleaded that after the application was made by the petitionerFirm, the Assistant Mining Officer, Giridih vide letter No. 1172/M dated 15.05.2017 sought clearance regarding the location of the area from the Forest Department to verify as to whether the said land is located beyond 10 kms from any forest land or not.

(iv) It is pleaded that that the Divisional Forest Officer, Giridih East Forest Division, Giridih vide letter No. 1440 dated 03.07.2017 clarified that the said land is not located over any forest area nor it is within a range of 500 meters of any forest land or 10 kms of any national park or other forest or biodiversity area.

(v) Thereafter the District Mining Officer vide letter No. 1173 dated 15.05.2017 sought certain information with respect to the nature of land in question and its title over the same from the Circle Officer, Tisri. The Circle Officer vide letter No. 297 dated 16.06.2017 submitted a report giving clearance with respect to the said land.

(vi) After consideration of the application, the respondents-authorities vide letter No.1561/M dated 05.07.2017 had issued a Letter of Intent wherein the petitioner was directed to submit the approved mining plan and environmental clearance certificate so that the lease deed can be executed.

(vii) It is pleaded that that pursuant thereto, the petitioner got the approved mining plan prepared through the registered qualified practitioner of the Mining Department as well as applied for grant of environmental clearance along with application form, pre-feasibility report and the approved mining plan by depositing Rs.One Lacs by demand draft bearing No. 444917 dated 29.08.2017.

(viii) It is pleaded that that the concerned authority being so satisfied after consideration of the application for grant of environmental clearance, granted environmental clearance vide letter No. 17 dated 10.02.2018 to the petitioner-Firm.

(ix) It is pleaded that the petitioner thereafter submitted the same in the office of the respondent and since then had been approaching the respondents-authorities for execution of mining lease.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoPIR3zeTx7shf1pUvckYodwle%2BJuw8Sfn9b8Bx0ygX5%2B&caseno=WPC/3105/2021&cCode=1&cino=JHHC010245062021&state_code=7&appFlag=)

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