Jharkhand High Court
M/S Ganga Engineering vs Union Of India Through Secretary on 10 May, 2024
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 1269 of 2023
M/s Ganga Engineering, having its office at Kasidih, P.O. Sakchi, P.S.
Sakchi, Town Jamshedpur, District East Singhbhum, Jharkhand through its
Authorized Signatory Jitendra Agarwal Garg, aged about 51 years, son of
Late Ramautar Agarwal, resident of Shrishti B1, 25, Road No. 1, Circuit
House Area, Town Jamshedpur, P.O. Bistupur, P.S. Bistupur District East
Singhbhum (Jharkhand). ... ... Petitioner
Versus
1. Union of India through Secretary, Ministry of Mines having its office
at Shastri Bhawan, Dr. Rajendra Prasad Road, P.O. Shastri Bhawan, P.S.
Sansad Marg, New Delhi.
2. State of Jharkhand through Secretary, Department of Mines and
Geology, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S.
Jagannathpur, District Ranchi.
3. Deputy Commissioner, Seraikela Kharsawan, P.O. Seraikela
Kharsawan, P.S. Seraikela Kharsawan, District Seraikela Kharsawan.
4. District Mining Officer, Seraikela Kharsawan, P.O. Seraikela
Kharsawan, P.S. Seraikela Kharsawan, District Seraikela Kharsawan.
... ... Respondents
......................
CORAM:HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVNEET KUMAR
......................
For the Petitioner : Mr. Indrajit Sinha, Advocate
Mr. Arpan Mishra, Advocate
Mr. Amitabh Prasad, Advocate
For the Resp.-UoI : Mr. Prashant Kumar Singh, Advocate
For the Resp.-State : Mr. Yogesh Modi, AC to AAG-1A
......................
10th May 2024
Per, Shree Chandrashekhar, A.C. J.
M/s Ganga Engineering represented through its authorized
signatory Jitendra Agarwal Garg has approached this Court with the
following prayers:-
(a) For issuance of an appropriate writ(s), order(s) or direction(s)
declaring that part of the notification no. Kha. Ni. (Niti)-04/2018-
1509/M dated 16.09.2019 (Annexure-9) published in the Jharkhand
Gazette Extraordinary No. 730 dated 19.09.2019 issued by the
Department of Mines & Geology, Government of Jharkhand, as
unconstitutional and ultra vires by which the rate of dead rent for Soap
Stone has been enhanced to Rs. 40,000/- per acre /year;
AND
(b) Upon declaring the part of notification no. Kha. Ni. (Niti)-04/2018-
1509/M dated 16.09.2019 published in the Jharkhand Gazette
Extraordinary No. 730 dated 19.09.2019 as unconstitutional and ultra
vires be further pleased to quash and set aside the same and
consequently restrain the respondents from giving effect to or acting
pursuant to that part of the notification no. Kha. Ni. (Niti)-04/2018-
1509/M dated 16.09.2019 published in the Jharkhand Gazette
Extraordinary no. 730 dated 19.09.2019 by which the rate of dead rent
for the mineral Soap stone has been enhanced to Rs. 40,000/- per
acre/year;
AND
(c) For issuance of an appropriate writ(s), order(s) or direction(s)
particularly writ of certiorari for quashing the letter no. 217 dated
17.03.2020 (Annexure-7) issued by District Mining Officer, Seraikella
Kharsawan whereby and where under the petitioner has been directed
to make the payment of dead rent along with interest to the tune Rs.
20,78,166/- payable till 31.03.2020;
And/Or
(d) For issuance of any other appropriate writ(s) or direction(s) or order(s)
as Your Lordship may deem fit and proper in view of the facts &
circumstances of the case for doing conscionable justice to the
Petitioner."
2. This is admitted at the Bar that the Notification No. Kha. Ni.
(Niti)-04/2018-1509/M dated 16th September 2019 published on 19th
September 2019 in the Jharkhand Gazette Extraordinary No. 730 has been
quashed qua "China Clay".
3. In paragraph 19 of the judgment in W.P. (C) No. 7285 of 2019
with W.P. (C) No. 6883 of 2019, a coordinate Bench of this Court gave
liberty to the State Government to take a fresh decision within a period of
three months as regards enhancement of the dead rent.
4. Till date, no decision has been taken by the State Government
and, therefore, the demand of Rs. 20,78,166/- payable by the petitioner-Firm
on account of dead rent has to be recalculated as per the rate existing before
publication of the Notification dated 16th September 2019.
5. Ordered accordingly.
6. Mr. Yogesh Modi, the learned AC to AAG-1A refers to the
communication dated 20th November 2017 under which the petitioner-Firm
was directed to pay Rs. 22,74,074.00/- as royalty for excess mining.
7. We therefore make an order that on payment of the liability
under the communication dated 20th November 2017 vide Annexure-4 to the
writ petition, the petitioner-Firm shall be issued "no objection certificate" so
as to enable it to obtain Environmental Clearance for commencing the
mining operations.
8. W.P. (C) No. 1269 of 2023 is allowed, in the aforesaid terms.
(Shree Chandrashekhar, A.C.J.)
(Navneet Kumar, J.)
Basant B/S.Das
