Jharkhand High Court

Grands Mining vs The State Of Jharkhand on 23 September, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   W.P. (C) No. 2360 of 2022
                               ----

GRANDS MINING, (A Partnership firm), having its office at GE/16, City Centre, Sector-4, Bokaro Steel City, P.O. and P.S. Bokaro, District Bokaro; through its Partner Bhupendra Kumar Singh, aged about 47 years, son of Ram Janam Singh, resident of Bhagwati Colony, Jodhadih More, Chas, P.O. and P.S. Chas, District Bokaro (Jharkhand).

                                          ...     Petitioner
                             Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

2. .The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ... Respondents.

with

----

1. Ramashish Singh, aged about 50 years, S/o Heera Prasad Singh, R/o Village, Mahuari, P.O.- Gulabjhari, P.S.- Naudiha Bazar, District- Palamu.

2. Umakant Prasad Jaiswal, aged about 48 years, S/o Mahendra Prasad Jaiswal, Village- Chattarpur, P.O. & P.S.- Chattarpur, District- Palamu.

3. Anup Kumar Singh, aged about 48 years, S/o Dharmjeet Singh, R/o 10A, Ravindrapuri Colony, Bhelupur, P.O. & P.S.- Bhelupur, District- Varanasi (Uttar Pradesh).

                                              ...           Petitioners

                            Versus

1. State of Jharkhand through its Secretary- Mines and Geology Department, Government of Jharkhand, Nepal House, P.O. & P.S. - Doranda, District- Ranchi.

-1- WPC 2360 OF 2022 & Batch matters

2. District Mining Officer- Palamu, P.O. & P.S.- Palamu, District- Medininagar.

3. The Director, Mines, Gov. of Jharkhand, at Nepal House, P.O. & P.S. Doranda, District Ranchi.

4. The Deputy Director, Mines, Palamau Circle, P.O. & P.S. Medninagar, Dist. Palamau.

...Respondents with

Grands Mining, (A Partnership firm), having its office at GE/16, City Centre, Sector-4, Bokaro Steel City, P.O. and P.S. Bokaro, District Bokaro; through its Partner Bhupendra Kumar Singh, aged about 47 years, son of Ram Janam Singh, resident of Bhagwati Colony, Jodhadih More, Chas, P.O. and P.S. Chas, District Bokaro (Jharkhand).

.....Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2. The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ... Respondents with

.....Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department

-2- WPC 2360 OF 2022 & Batch matters of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ... Respondents with

M/s Mahadev Stone Product, a Partnership Firm through one of its Partner Shri Sanjay Kumar Tibrewal, aged about 52 years, S/o Shri Liladhar Tibrewal, resident of House No. 83, Ward No. 13, Near Shitla Mandir, Marwari Tola, Pakur, P.O., P.S. & District- Pakur, PIN - 816107.

Versus

1. The State of Jharkhand through its Secretary, Department of Mines and Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District- Ranchi.

2. Secretary Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

3. Director, Departmnt of Mines & Geology, Nepal House, Doranda, P.O. & P.S.- Doranda, District - Ranchi.

4. District Mining Officer, Pakur, PO, PS & Dist. - Pakur.

                                     ...     Respondents


                          with

                                          .... Petitioner



                         -3-        WPC 2360 OF 2022 & Batch matters
                            Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ... ...Respondents with

.....Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2. The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ... ...Respondents.


                                with




                         -4-         WPC 2360 OF 2022 & Batch matters

M/s. Master Sunder Das & Sons, (a Partnership Firm), having its office at Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur PIN 816107 (Jharkhand), through its Partner Sanjay Kumar, aged about 45 years, son of M. Sunder Das, resident of Rajveena, 50-A, Block-C, New Alipore, P.O. and P.S. New Alipore, District Kolkata, PIN 700053(West Bengal).

.... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

MS Ebadat Stone Works Prop Ishaque Shaikh, (a Proprietorship Firm), having its office at Janki Nagar, P.O. Prithwi Nagar P.S. Pakur (M), District Pakur PIN 816107 (Jharkhand), through its Proprietor Ishaque Shaikh, aged about 39 years, son of Sabdul Shaikh, resident of Janki Nagar, P.O. Prithwi Nagar, P.S. Pakur (M), District Pakur, PIN 816107 (Jharkhand).

...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at

-5- WPC 2360 OF 2022 & Batch matters Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

CTS Industries LTD., (a company registered under the Companies Act), having its office at 37, Shakespeare Sarani, 3rd Floor, P.O. and P.S. Shakespeare Sarani, District Kolkata, PIN 700017 (West Bengal), through its Authorised Signatory, namely, Navin Kumar, aged about 45 years, son of Shri Shivji Prasad, resident of Parsaman, Parsawan, Patna, P.O. Parsawa, P.S. Parsawa, District Patna, PIN 803214 (Bihar).

... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2. The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Sahebganj, having its office at District Collectorate, Sahebganj, P.O. & P.S. Sahebganj, District Sahebganj (Jharkhand).

4. District Mining Officer, Sahebganj, having its office at District Collectorate, Sahebganj, P.O. & P.S. Sahebganj, District Sahebganj, (Jharkhand).

... Respondents.

with

M/s. CHABRIA ENGG. CO., (a Partnership Firm), having its office at Sindhipara, Pakur, P.O. and P.S. Pakur, District

-6- WPC 2360 OF 2022 & Batch matters Pakur PIN 816107 (Jharkhand), through its Partner, Naresh Kumar Mandhyan, aged about 58 years, son of Namdev Mandhyan, resident of Merlin Cambridge, 5th Floor, Flat 5C, 24 Princ Anwar Shah Road, Tollygunge, P.O. and P.S. Tollygunge, District Kolkata, PIN 700033 (West Bengal).

... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

M/s JIAL DAS & CO., (a Partnership Firm), having its office at Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur, District PIN 816107 (Jharkhand), through its Partner Sumit Sandhwani, aged about 35 years, son of Late Subhash Ch. Sadhwani, resident of Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

.... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at

-7- WPC 2360 OF 2022 & Batch matters Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

M/s. CHABRIA ENGG. CO., (a Partnership Firm), having its office at Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur PIN 816107 (Jharkhand), through its Partner, Naresh Kumar Mandhyan,, aged about 58 years, son of Namdev Mandhyan, resident of Merlin Cambridge, 5th Floor, Flat 5C, 24 Princ Anwar Shah Road, Tollygunge, P.O. and P.S. Tollygunge, District Kolkata, PIN 700033 (West Bengal).

...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

M/s. CHABRIA ENGG. CO., (a Partnership Firm), having its office at Sindhipara, Pakur, P.O. and P.S. Pakur, District

-8- WPC 2360 OF 2022 & Batch matters Pakur PIN 816107 (Jharkhand), through its Partner, Naresh Kumar Mandhyan, aged about 58 years, son of Namdev Mandhyan, resident of Merlin Cambridge, 5th Floor, Flat 5C, 24 Princ Anwar Shah Road, Tollygunge, P.O. and P.S. Tollygunge, District Kolkata, PIN 700033 (West Bengal).

.... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

.... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District

-9- WPC 2360 OF 2022 & Batch matters Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

M/s. SAURAV STONE PRODUCT, (A proprietorship concern), having its office at Sindhi Para, Pakur, P.O. and P.S. Pakur, District Pakur PIN 816107 (Jharkhand), through its Proprietor Aurn Lakhmani, aged about 56 years, son of Late Sundar Das Lakhmani, resident of Sindhi Para, Pakur, P.O. Pakur, P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

.... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

1.Gopal Kumar, aged about 55 years, son of Vimal Prasad, resident of Giridih Road, Tripurari Bhawan, P.O. and P.S. Kodarma, District Kodarma, PIN 825410 (Jharkhand).

2. Ramchandra Mehta, aged about 54 years, son of Chhotelal Mehta, resident of Bigha, P.O. Phulwariya, P.S. Nawalshahi, District Kodarma, PIN 825418 (Jharkhand).

3. Amitabh Kumar, aged about 55 years, son of K.K.

- 10 - WPC 2360 OF 2022 & Batch matters Choudhary, resident of 105, Ranchi-Patna Road, Coltex Muhalla, Kodarma, P.O. and P.S. Kodarma, District Kodarma, PIN 825410.

.... Petitioners Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Kodarma, having its office at District Collectorate, Kodarma, P.O. & P.S. Kodarma, District Kodarma, PIN 825409 (Jharkhand).

4.District Mining Officer, Kodarma, having its office at District Collectorate, Kodarma, P.O. & P.S. Kodarma, District Kodarma, PIN 825409 (Jharkhand).

...Respondents with

JIVLAL YADAV, aged about 55 years, son of Late Guli Yadav, resident of Jhumri Tilaiya, P.O. Kodarma P.S. Tilaiya, District Kodarma, PIN 825409 (Jharkhand).

.... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Kodarma, having its office at District Collectorate, Kodarma, P.O. & P.S. Kodarma, District Kodarma, PIN 825409 (Jharkhand).

4. District Mining Officer, Kodarma, having its office at District Collectorate, Kodarma, P.O. & P.S. Kodarma, District

- 11 - WPC 2360 OF 2022 & Batch matters Kodarma, PIN 825409 (Jharkhand).

...Respondents with

CTS INDUSTRIES LTD., (a company registered under the Companies Act), having its office at S.B. Tower, 3rd Floor, 37, Shakespeare Sarani, 3rd Floor, P.O. and P.S. Shakespeare Sarani, District Kolkata, PIN 700017 (West Bengal), through its Director, namely, Sanjay Choudhary, aged about 54 years, son of Vijay Kumar Choudhary, resident of Flat No. 16-A, Belair, Alipore Park Palace, Alipore, P.O. and P.S. Alipore, District Kolkata, PIN 700027 (West Bengal).

.... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, West Singhbhum, having its office at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa, District Chaibasa, District West Singhbhum (Jharkhand).

4. District Mining Officer, West Singhbhum, having its office at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa, District Chaibasa, District West Singhbhum (Jharkhand).

...Respondents with

Prem Shankar Kumar Singh, aged about 31 years, son of Shri Jitendra Prasad Singh, resident of Village Andharibagh Khurd, P.O. Pipra, P.S. Pipra, District Palamau.

.... Petitioner Versus

1. The State of Jharkhand, through Secretary, Mines & Geology Department, Government of Jharkhand, at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna

- 12 - WPC 2360 OF 2022 & Batch matters Bhawan, P.O. Doranda, P.S. Doranda, District Ranchi-834 002 (Jharkhand).

3. Deputy Commissioner, Palamau, at Medininagar, P.O. Medini Nagar, P.S. Medini Nagar, District Palamau.

4. District Mining Officer, Medini Nagar, P.O. Medini Nagar, P.S. Medini Nagar, District Palamau.

...Respondents with

CTS INDUSTRIES LTD., (a company registered under the Companies Act), having its office at S.B. Tower, 3rd Floor, 37, Shakespeare Sarani, P.O. and P.S. Shakespeare Sarani, District Kolkata, PIN 700017 (West Bengal), through its Director, namely, Sanjay Choudhary, aged about 54 years, son of Vijay Kumar Choudhary, resident of Flat No. 16-A, Belair, Alipore Park Palace, Alipore, P.O. and P.S. Alipore, District Kolkata, PIN 700027 (West Bengal).

.... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, West Singhbhum, having its office at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa, District Chaibasa, District West Singhbhum (Jharkhand).

4. District Mining Officer, West Singhbhum, having its office at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa, District Chaibasa, District West Singhbhum (Jharkhand).

...Respondents with

- 13 - WPC 2360 OF 2022 & Batch matters son of Vijay Kumar Choudhary, resident of Flat No. 16-A, Belair, Alipore Park Palace, Alipore, P.O. and P.S. Alipore, District Kolkata, PIN 700027 (West Bengal).

.... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, West Singhbhum, having its office at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa, District Chaibasa, District West Singhbhum (Jharkhand).

4. District Mining Officer, West Singhbhum, having its office at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa, District Chaibasa, District West Singhbhum (Jharkhand).

...Respondents with

M/S SUNDAR STONE PRODUCTS, (a Proprietorship concern), having its office at Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107, through its Proprietor, Satish Kumar Lakhmani, aged about 58 years, son of Late Sundar Das Lakhmani, resident of 638, Block-O, New Alipore, P.O. and P.S. New Alipore S.O., District Kolkata (West Bengal) PIN 700053.

....Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District

- 14 - WPC 2360 OF 2022 & Batch matters Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents.

with

M/s. AZHAR ISLAM, (a Proprietorship concern), having its office at Janki Nagar, P.O. Prithwinagar, P.S. Pakur(M), District Pakur (Jharkhand) PIN 816107, through its proprietor Azhar Islam, aged about 36 years, son of Ali Akbar, resident of Janki Nagar, P.O. Prithwinagar, P.S. Pakur(M), District Pakur (Jharkhand) PIN 816107.

.... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

.... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna

- 15 - WPC 2360 OF 2022 & Batch matters Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

M/s. SUNDAR DAS LAKHMANI, (a Partnership firm), having its office at Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107, through its Partner, Sanjay Kumar Lakhmani, aged about 54 years, son of Late Sundar Das Lakhmani, resident of 5/7 BL 5, Bangur Complex, B.S.T. Main Road, Sahapur P.O. and P.S. Sahapur, District Kolkata (West Bengal) PIN 700038.

.... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents.

                                 with





                        - 16 -      WPC 2360 OF 2022 & Batch matters

M/s JITENDRA KUMAR BELLANI, (a Proprietorship concern), having its office at Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107, through its Proprietor, Jitendra Kumar Bellani, aged about 53 years, son of Parsuram Bellani, resident of Tower-2, Flat-BE, Diamond City West, 18, HO Chi Minh Sarani, Behala, P.O. and P.S. Behala, District South 24 Pargana, (West Bengal) PIN 700061.

... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

M/s. BASANT STONE WORKS, (a Partnership firm), having its office at Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107, through its Partner, Dinanath Eahalani, aged about 62 years, son of Late Basant Mal, resident of Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107.

... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi

- 17 - WPC 2360 OF 2022 & Batch matters (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

M/s. RANI STONE WORKS, (a Proprietorship concern), having its office at Janki Nagar, P.O. Prithwi Nagar, P.S. Pakur (M), District Pakur (Jharkhand), PIN 816107, through its Proprietor Ishaque Shaikh, aged about 40 years, son of Sabdul Shaikh, resident of Janki Nagar, P.O. Prithwi Nagar, P.S. Pakur (M), District Pakur (Jharkhand), PIN 816107.

... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

HITESH SADHWANI, (A Proprietorship firm), having its office at Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107, through its Proprietor Hitesh Sadhwani, aged about 34 years, son of Late Mahesh Kumar Sadhwani, resident of Sindhipara, P.O. and P.S. Pakur,

- 18 - WPC 2360 OF 2022 & Batch matters District Pakur (Jharkhand), PIN 816107.

. ... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

CHAMAN TULSYAN, (a Proprietorship concern), having its office at Jagir Mohalla, P.O. Begusarai, P.S. Begusarai, District Begusarai (Bihar), PIN 851101, through its Authorized Signatory, namely, Navin Kumar, aged about 45 years, son of Shivji Prasad, resident of Parsawa, Parsaman, P.O. and P.S. Parsawa, District Patna (Bihar), PIN 803214.

.... Petitioner

Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Sahebganj, having its office at District Collectorate, Sahebganj, P.O. & P.S. Sahebganj, District Sahebganj (Jharkhand).

4. District Mining Officer, Sahebganj, having its office at

- 19 - WPC 2360 OF 2022 & Batch matters District Collectorate, Sahebganj, P.O. & P.S. Sahebganj, District Sahebganj, (Jharkhand).

... Respondents with

M/s Lakhmani Stone Products, a Partnership Firm having its Office at Sindhipara, Malgodam Road, Pakur, PO, PS & Dist.

- Pakur, through one of its Partner Shri Ritin Lakhmani, aged about 40 years, S/o Shri Devanand Lakhmani, resident of Station Road, Sidhipara, Pakur, PO, PS & Dist. - Pakur, PIN - 816107.

... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

2. Secretary Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

3. Director, Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

4. District Mining Officer, Pakur, PO, PS & Dist. Pakur.

... Respondents with

M/s Black Diamond Stone Works, a Partnership Firm having its Office at Harindanga Bazar, PO, PS & Dist. - Pakur through one of its Partner Ajay Kumar Tebriwal, aged about 53 years, S/o Shri Leladhar Tebriwal, R/o House No. 83, Ward No. 13, near Shitla Mandir, Marwari Tola, Pakur, PO, PS & Dist. - Pakur, PIN - 816107 ... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

2. Secretary Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

3. Director, Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

- 20 - WPC 2360 OF 2022 & Batch matters

4. District Mining Officer, Pakur, PO, PS & Dist.- Pakur.

... Respondents with

M/s Mandhan Minerals Corporation, a Partnership Firm having its Office at Sindhipara, Malpahadi, Pakur, PO, PS & Dist. - Pakur through one of its Partner Anil Kumar Tanwani @ Anil Kumar, aged about 51 years, S/o Late Sadhan Lal Tanwani, R/o Sindhipara, Malpahadi, Pakur, PO, PS & Dist.

- Pakur, PIN - 816107 ... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

2. Secretary Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

3. Director, Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

4. District Mining Officer, Pakur, PO, PS & Dist. - Pakur.

... Respondents with

RAJA STONE WORKS, (a Proprietorship concern), having its office at Balra, P.O. Babhandi, P.S. Hariharganj, District Palamau (Jharkhand), PIN 822113, through its Proprietor Chandan, aged about 43 years, son of Vindeshwari Prasad Singh, resident of Village Balra, P.O. Babhandi, P.S. Hariharganj, District Palamau (Jharkhand), PIN 822113.

... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna

- 21 - WPC 2360 OF 2022 & Batch matters Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Palamau, having its office at District Collectorate, Medininagar, P.O. and P.S. Medininagar, District Palamau (Jharkhand), PIN 822101.

4. District Mining Officer, Palamau, having its office at District Collectorate, Medininagar, P.O. and P.S. Medininagar, District Palamau, (Jharkhand), PIN 822101.

... Respondents

with

Deepak Kumar Makhija, alias, Dipak Kumar Makhija, aged about 57 years, son of Late Kanhaiya Lal, resident of Mal Godam Road, Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107.

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

- 22 - WPC 2360 OF 2022 & Batch matters years, son of Late Hasmat Makhija, Dhadka Road, Asansol, P.O. and P.S. Asansol, District West Burdhaman (West Bengal), PIN 713302.

.... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

M/S. HASSANAND (a Partnership firm), having its office at Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107, through its Partner, Hassanand, aged about 86 years, son of Late Jial Das Sadhwani, resident of Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107.

.... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,

- 23 - WPC 2360 OF 2022 & Batch matters (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents with

M/s. JITESH STONE WORKS (a Proprietorship concern), having its office at Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107, through its Proprietor Sanjay Kumar, alias, Sanjay Kumar Makhija, aged about 57 years, son of Late Hasmat Makhija, Dhadka Road, Asansol, P.O. and P.S. Asansol, District West Burdhaman (West Bengal), PIN 713302.

... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

...Respondents

with

Manohar Lal Sadhwani (a Proprietorship concern), having its office at Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107, through its Proprietor, Manohar Lal, aged about 62 years, son of Hassanand Sadhwani, resident of 105G, Block-F, 1st Floor, Humayun Kabir Sarani,

- 24 - WPC 2360 OF 2022 & Batch matters P.O. and P.S. New Alipore, District Kolkata (West Bengal), PIN-700053.

....Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

... Respondents with

Deepak Kumar Makhija, alias, Dipak Kumar Makhija, aged about 57 years, son of Late Kanhaiya Lal, resident of Mal Godam Road, Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107.

....Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District

- 25 - WPC 2360 OF 2022 & Batch matters Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents with

M/s. New Muskan Stone Works, (a Partnership firm) having its office at Sitapahari, P.O. and P.S. Sitapahari, District Pakur, PIN 816107 (Jharkhand), through its Partner, Mahubul Shaikh, aged about 57 years, son of Almesh Shaikh, resident of Sitapahari, P.O. and P.S. Sitapahari, District Pakur-816107 (Jharkhand).

.... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents with

M/s Tara Stone Works, a Partnership Firm having its Office at Sindhipara, PO, PS & Dist. - Pakur through its Proprietor Tara Chand Kirrimchandani, aged about 54 years, S/o Late Master Sundar Das, R/o Sindhipara, Ward No. 15, Pakur, PO, PS & Dist. - Pakur, PIN - 816107 ...Petitioner Versus

- 26 - WPC 2360 OF 2022 & Batch matters

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, Nepal House, Doranda, P.O. & P.S.- Doranda, District- Ranchi.

2. Secretary Departmet of Mines & Geology, Nepal House, Doranda, P.O. & P.S.- Doranda, District - Ranchi.

3. Director, Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District- Ranchi.

4. District Mining Officer, Pakur, PO, PS & Dist. - Pakur.

...Respondents with

M/s Mandhan Minerals Corporation, a Partnership Firm having its Office at Sindhipara, Malpahadi, Pakur, PO, PS & Dist. - Pakur through one of its Partner Anil Kumar Tanwani @Anil Kumar, aged about 51 years, S/o Late Sadhan Lal Tanwani, R/o Sindhipara, Malpahadi, Pakur, PO, PS & Dist.

- Pakur, PIN - 816107 ... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

2. Secretary Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

3. Director, Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

4. District Mining Officer, Pakur, PO, PS & Dist.- Pakur.

... Respondents with

M/s Satya Laghu Udyog, a Proprietorship Firm having its Office at Village - Sindhipara, PO, PS & Dist. - Pakur through its Proprietor Shri Kishore Kumar Khemai, aged about 60 years, S/0 Late Kanhaiya Lal Khemani, R/o Mission Road, Sindhipara, PO, PS & Dist. - Pakur, PIN - 816107 ...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department Mines & Geology, Nepal House, Doranda, P.O. & P.S. -

- 27 - WPC 2360 OF 2022 & Batch matters Doranda, District - Ranchi.

2. Secretary Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

3. Director, Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

4. District Mining Officer, Pakur, PO, PS & Dist.- Pakur.

... Respondents with

M/s Sunita Ganguly, a Proprietorship Firm having its Office at Baliharpur, PO, PS & Dist. - Pakur through its Proprietor Smt. Sunita Ganguly, aged about 56 years, W/o Shri Ardhendu Ganguly, R/o Baliharpur, PO, PS & Dist. - Pakur, PIN - 816107 ...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

2. Secretary Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

3. Director, Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

4. District Mining Officer, Pakur, PO, PS & Dist. Pakur.

... Respondents

with

M/s Mandhan Minerals Corporation, a Partnership Firm having its Office at Sindhipara, Malpahadi, Pakur, PO, PS & Dist. - Pakur through one of its Partner Anil Kumar Tanwani @Anil Kumar, aged about 51 years, S/o Late Sadhan Lal Tanwani, R/o Sindhipara, Malpahadi, Pakur, PO, PS & Dist.

- Pakur, PIN - 816107 ... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department Mines & Geology, Nepal House, Doranda, P.O. & P.S. -

- 28 - WPC 2360 OF 2022 & Batch matters Doranda, District - Ranchi.

2. Secretary Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

3. Director, Department of Mines & Geology, Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.

4. District Mining Officer, Pakur, PO, PS & Dist.- Pakur.

... Respondents with

M/s. NJP STONE WORKS, (a Partnership firm) having its office at Mouza Siulidanga, P.O. Hiranpur, P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through its Partner, Md. Noorujjaman Shekh, aged about 33 years, son of Manjur Shekh, resident of Village-Rahaspur, P.O. Rahaspur, P.S. Pakur, District Pakur- 816107 (Jharkhand).

.... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents with

M/s A.B. COMPANY, (a Proprietorship firm) having its Office at Sahargram, Mouza Simaldhab, P.S. Hiranpur, District Pakur, PIN 816106 (Jharkhand), through its Proprietor, Avinash Ranjan, aged about 28 years, son of Banarsi Singh

- 29 - WPC 2360 OF 2022 & Batch matters Yadav, resident of Annapurna Colony, Ward No. 10, P.O. Pakur, P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

.... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents

with

Mukhleshur Alam, aged about 52 years Son of Sabir Ali, Resident of Janki Nagar, P.O.-Prithvinagar, P.S.-Pakur(M), Dist- Pakur.

....Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.Deputy Commissioner, Pakur, P.O. & P.S. Doranda, Dist- Ranchi.

3. The District Mining Officer, Pakur, P.O. & P.S.-Pakur, Dist- Pakur.

...Respondents

with

M/s Salboni Stone Works, through its Partner Bimal Kumar

- 30 - WPC 2360 OF 2022 & Batch matters Pandey, aged about 61 years, Son of Late Bijan Kumar Pandey, Resident of Village-Rajapara, P.O.-Pakur, P.S.- Pakur, District- Pakur.

.... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.Deputy Commissioner, Pakur, P.O. & P.S. Doranda, Dist- Ranchi.

3. The District Mining Officer, Pakur, P.O. & P.S.-Pakur, Dist- Pakur.

with

Shailesh Kumar, aged about 42 years, son of Saryu Singh, resident of House No. 09, Ward No. 15, Sundarlal Mishra Road, Near Kali Mandir, Castair Town, Deoghar, P.O. and P.S. Deoghar, District Deoghar- 814112 (Jharkhand).

...Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Deoghar, having its office at District Collectorate, Deoghar, P.O. & P.S. Deoghar District Deoghar- 814112 (Jharkhand).

4.District Mining Officer, Deoghar, having its office at District Collectorate, Deoghar, P.O. & P.S. Deoghar, District Deoghar- 814112 (Jharkhand).


                                                 ...Respondents


                                  with



                         - 31 -          WPC 2360 OF 2022 & Batch matters

M/s. Mahadev Stone Works, (a Proprietorship firm) having its Office at Tantipara, P.O. Pakur, P.S. Pakur, District Pakur- 816107 (Jharkhand), through its Proprietor Lalan Singh, aged about 66 years, son of Late Baleshwar Singh, resident of Kalpara, Ward No. 09, P.O. and P.S. Pakur, District Pakur- 816107 (Jharkhand).

...Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents with

M/s. Sukhi Stone Works, (a Proprietorship concern) having its Office at Village Anguthia, Hiranpur, P.O. & P.S. Hiranpur, District Pakur, PIN 816107 (Jharkhand), through its Proprietor Rajoo Sheikh, aged about 31 years, son of Santu Sheikh, resident of Village Bikrampur, P.O. Nagarnabi, P.S. Bikrampur, District Pakur, PIN 816107 (Jharkhand).

...Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi

- 32 - WPC 2360 OF 2022 & Batch matters (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents with

M/s Soura Constructions Pvt. Ltd. through its Director Sourajit Dutta, Aged- about 66 years, Sex- Male, S/o Late Santosh Kumar Dutta, By Caste- Bengali, Occupation- Business, Having its registered office at Haridanga Bazar, P.O. + P.S.- Pakur Dist- Pakur (Jharkhand) and Permanent Resident of 4 Andul Raj Road, P.O. Southern Market, P.S. Kalighat, Kolkata- 700026, West Bengal ... Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. + P.S. Doranda, District Ranchi PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Doranda, Ranchi 834

002.

3. The Deputy Collector, Pakur P.O. + P.S. Pakur 816107, (Jharkhand).

4. The District Mining Officer, Pakur, P.O. + P.S. Pakur, Jharkhand- 816107 ...Respondents With

M/s Bansi Stone Works through its authorized representative Sourajit Dutta, aged about 66 years, Sex- Male, S/o Late Santosh Kumar Dutta, By Caste- Bengali, Occupation- Business, Having its registered office at Haridanga Bazar, Dist- Pakur (Jharkhand) and permanent Resident of 4 Andul Raj Road, Kolkata- 700026, West Bengal

... Petitioner Versus

1. The State of Jharkhand

- 33 - WPC 2360 OF 2022 & Batch matters

2. The Director, Mines Directorate, Department of Mines and Geology, Govt. of Jharkhand, Yojna Bhawan, Doranda, Ranchi

3. The Deputy Collector, Pakur, PO + PS Pakur, Jharkhand

4. The District Mining Officer, Pakur, PO + PS Pakur, Jharkhand .... Respondents

With

M/s Ganga Stone Works, (a Proprietorship concern), having its office at 1, Main Road, Ratanpur, P.O. and P.S. Barharwa, District Sahibganj, PIN 816101 (Jharkhand), through its Proprietor, Arun Kumar Choudhary, aged about 52 years, son of Late Ganga Prasad Choudhary, resident of Main Road, Ratanpur, P.O. and P.S. Barharwa, District Sahibganj, PIN 816101 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand).

4.District Mining Officer, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand)

...Respondents With

- 34 - WPC 2360 OF 2022 & Batch matters M/s Maa Durga Stone Works, (a Proprietorship firm) having its Office at Raj High School Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through its Proprietor, namely, Soumitro Ghosh, aged about 47 years, son of Shri Chittaranjan Ghosh, resident of Raj High School Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents

With

M/s Maa Durga Stone Works, (a Proprietorship firm) having its Office at Raj High School Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through its Proprietor, namely, Soumitro Ghosh, aged about 47 years, son of Shri Chittaranjan Ghosh, resident of Raj High School Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna

- 35 - WPC 2360 OF 2022 & Batch matters Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents

With

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents

With

- 36 - WPC 2360 OF 2022 & Batch matters Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents

With

Abdul Basir, (A Proprietorship firm) having its Office at Village Sitapahari, P.O. Sitapahari, P.S. Malpahari, District Pakur, PIN-816107 (Jharkhand), through its Proprietor, namely, Adbul Basir, aged about 55 years, son of Late Dharmuj Shaikh, resident of village Sitapahari, P.O. Sitapahari, P.S. Malpahari, District Pakur, PIN- 816107 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,

- 37 - WPC 2360 OF 2022 & Batch matters (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents

With

M/s Maa Durga Stone Works, (a Proprietorship firm) having its Office at Raj High School Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through its Proprietor, namely Soumitro Ghosh, aged about 47 years, son of Shri Chittaranjan Ghosh, resident of Raj High School Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents

With

M/s. Raj Kumar Khurana, a proprietorship concern, having its office at Munkeri, Chhattarpur, Palamu, P.O. & P.S. Chhattarpur, District Palamu, PIN 822131, (Jharkhand) through its Authorized Signatory namely, Shri Shailendra Kumar, aged about, 46 years, son of Shri Baijnath Singh, resident of Village-Bara, Chhattarpur, Palamu, P.O. & P.S. Chhattarpur, District Palamu, PIN 822131, (Jharkhand).

                                             ...Petitioner



                        - 38 -       WPC 2360 OF 2022 & Batch matters
                             Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Palamu, having its office at District Collectorate, Medininagar, P.O. & P.S. Medininagar, District Palamu, (Jharkhand), PIN 822 101

4.District Mining Officer, Palamu, having its office at District Collectorate, Medininagar, P.O. & P.S. Medininagar, District Palamu, (Jharkhand) 822 101.

...Respondents with

MCC Mahadeo Constructions Private Limited (Earlier, M/S. Mahadeo Construction Co.). a Company registered under the Companies Act, 2013, having its office at Plot No. 47, Mashihani, Opposite Chhattarpur Block, P.O and P.S. Chhattarpur, District Palamau, PIN 822113, (Jharkhand), through its Director namely, Anil Kumar Singh, aged about 55 years, son of Late Chitranjan Singh, resident of B-2/259, Flat No. 301, Sadhubela Apartment, Bhadainiansh, B-2 Lane No. 14, Rabindrapuri Colony, P.O. and P.S. Varanasi, District Varanasi, PIN 221001, (Uttar Pradesh).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

3.Deputy Commissioner, Palamau, having its office at District Collectorate, Medininagar, P.O. & P.S. Medininagar, District

- 39 - WPC 2360 OF 2022 & Batch matters Palamau, (Jharkhand) PIN 822 101

4.District Mining Officer, Palamau, having its office at District Collectorate, Medininagar, P.O. and P.S. Medininagar District Palamu, (Jharkhand) PIN 822 101

...Respondent.

With

DINESH STONE WORKS (a Proprietorship concern), having its office at Village Khaksa, P.O. Khaksa, P.S. Pakuria, District Pakur, (Jharkhand), PIN 816107, through its Proprietor, Dinesh Murmu, aged about 51 years, son of Kalidas Murmu, resident of Village Khaksa, P.O. Khaksa P.S. Pakuria, District Pakur (Jharkhand), PIN 816107.

.... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand)

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents.

With

M/s Vidyarthi Stone Works, a Proprietorship concer, having its Works at Mouza -Godwa, Taljhari, P.O. Sakrigali, P.S. Taljhari, District Sahibganj-816115, through its Proprietor, namely, Prashant Pandey, aged about 30 years, son of Late Parmanand Pandey, resident of Village-Refugee Colony, Saint Joseph, Sahibganj, P.O. and P.S. Sahibganj, District

- 40 - WPC 2360 OF 2022 & Batch matters Sahibganj, PIN 816109 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj District Sahibganj-816109 (Jharkhand).

4.District Mining Officer, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, District Sahibganj-816109, (Jharkhand).

...Respondents With

Madan Kant, aged about 66 years, son of late Dudhnath Choudhary, resident of Netaji Subhash Colony, P.S. Jirwabadi, P.O. & District Sahibganj, (Jharkhand), PIN-

816109                                    ... Petitioner

                          Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj District Sahibganj (Jharkhand).

- 41 - WPC 2360 OF 2022 & Batch matters

4.District Mining Officer, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, District Sahibganj (Jharkhand).

...Respondent

With

Atanu Sinha, aged about 53 years, son of Sri Amal Kumar Sinha Resident of Village- 151, Abdul Samad Road, Gora Bazar, P.O.& P.S.- Barhampur, Distt.- Murshidabad (W.B.) ... Petitioner

Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2.The Director of Mines, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)

...Respondents With

Goutam Singh, aged 48 years, son of Sri Shambhu Bhagat Resident of- Nichubazar, P.O. & P.S.- Nalhati, Distt.- Birbhum (W.B.) ... Petitioner

Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2.The Director of Mines, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

- 42 - WPC 2360 OF 2022 & Batch matters

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)

...Respondents With

M/S D.S. Stone Works, Prop:- Dina Nath Bhagat alias Dina Nath Prasad Bhagat, aged about 52 years Son of Sri Sitaram Pd. Bhagat Resident of- Harindanga Bazar, P.O. & P.S. Pakur, Distt.- Pakur (Jharkhand) .. Petitioner

Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, P.O. & P.S. Doranda, District Ranchi

2.The Director of Mines, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)

...Respondents With

Ali Reza, age about 42 years, son of Gulam Mustafa Resident of Village-Gangadda, P.O. - Raddipur & P.S. Maheshpur, Distt.- Pakur (Jharkhand) ... Petitioner Versus

1. The State of Jharkhand, through the Secretary, Department of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2.The Director of Mines, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate,

- 43 - WPC 2360 OF 2022 & Batch matters Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)

...Respondents With

Md Riyajuddin, age 71 years, son of Md. Giyasuddin Resident of Village- Bohra, P.O.- Raddipur & P.S. Maheshpur, Distt.- Pakur (Jharkhand) ... Petitioner Versus

1.That State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2.The Director of Mines, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)

...Respondents With

Madan Kant, aged about 66 years, son of late Dudhnath Choudhary, resident of Netaji Subhash Colony, P.S. Jirwabadi, P.O. & District Sahibganj, (Jharkhand), PIN- 816109 ... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi

- 44 - WPC 2360 OF 2022 & Batch matters (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj District Sahibganj (Jharkhand).

4.District Mining Officer, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, District Sahibganj (Jharkhand).

...Respondent

With

M/s. National Stone Works. Proprietor- Jawaharlal Singh, aged 82 years, Son of late Siteshwar Singh Resident of Village, &P.O. & P.S.- Chatra, Distt.- Birbhum (W.B. ... Petittioner

Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2.The Director of Mines, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)

...Respondents With

Maharo Mineral Development Corporation Through its Proprietor namely, Anup Sinha Biswas, Aged about 65 years, Son of Late Balram Sinha @ Baldev Bishwas R/o Mohalla- Baliharpur, P.O.-Pakur, P.S.- Pakur(T), District- Pakur (Jharkhand) ... Petittioner

Versus

1. The State of Jharkhand, through its Secretary, Department

- 45 - WPC 2360 OF 2022 & Batch matters of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2.The Director of Mines, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)

...Respondents With

Rohit Rajdev, aged about 35 years, Son of Late Bhagwan Das Rajdev, Resident of Village-Tantipara, P.O. and P.S. Pakur, District-Pakur.

... Petittioner

Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi PIN-834002.

2. The Deputy Commissioner, Pakur, P.O. & P.S. Pakur, District-Pakur.

3. The District Mining Officer, Pakur, P.O. and P.S. Pakur, District- Pakur.

...Respondents With

M/s Suraj Stone Works, (a Proprietorship firm) having its works at Mouza Pipaljori, P.O. Nagarnavi, P.S. Pakur, District Pakur, through its Proprietor, namely, Pankaj Bhagat, aged about 30 years, son of Pradip Bhagat, resident of Bhagat Para, Pakur, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna

- 46 - WPC 2360 OF 2022 & Batch matters Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents.

With

M/s Nirmal Kumar Tibrewal, (a Proprietorship firm) having its works at office at Harindanga Bazar, P.O. & P.S. Harindanga Bazar, District Pakur, PIN- 816107, through its Proprietor, namely, Nirmal Kumar Tibrewal, aged about 52 years, son of Jita Ram Tebriwal, resident of House No. 83, Ward No. 13, Marwari Tola, Harindanga Bazar, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents.



                          With




                        - 47 -       WPC 2360 OF 2022 & Batch matters

M/s Chacha Bhatija Stone Works, (a Partnership firm), having its office at village Kadamsar, P.O. & P.S. Jhikarhatti, District Pakur, PIN 816107 (Jharkhand), through its Partner, namely, Faizuddin Shaikh, aged about 59 years, son of Hasumudin Shekh, resident of village Kismat Kadamsar, P.O. & P.S. Jhikarhatti, District Pakur, PIN 816107 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents.

With

Nazrul SK & Others, (a Partnership firm), having its office at village Kadamsar, Pakur, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through its Partner, namely, Nazrul Shekh, aged about 57 years, son of Late Subhan Shekh, resident of Gram Panchyat-Sismat Dadamsar, P.O. & P.S. Kismat Kadamsar, District Pakur, PIN 816107 (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and

- 48 - WPC 2360 OF 2022 & Batch matters Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ...Respondents

With

Om Stone Works, (a Proprietorship firm) having its works at Mouza Pipaljori, P.O. Raj Mahal, P.S. Kotal Pokhar, District Sahibganj, through its Proprietor, namely, Gyan Prakash Singh, aged about 51 years, son of Ram Narayan Prasad Singh, resident of Shiv Durgalay Lane, Sultanganj, Jay Mangal Complex, Sampatchak, P.O. & P.S. Sultanganj, District Sultanganj, Patna, PIN 800006, (Bihar).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand).

4.District Mining Officer, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand)

...Respondents With

M/s Hiralal Bhagat, (a Proprietorship concern) having its works at Mouza Kanupur, P.O. & P.S. Pakur, District Pakur,

- 49 - WPC 2360 OF 2022 & Batch matters PIN 816107, (Jharkhand), through its Proprietor, namely, Hiralal Bhagat @ Hiralal Bhakat aged about 67 years, son of Late Jagannath Bhagat, resident of Village Rajgram, P.O. Rajgram, P.S. Muraroi, District Birbhum, PIN 731222 (West Bengal).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand)

...Respondents With

M/s. Cygnet Stone Works, (A Partnership firm) having its works at Mouza Jiyajori, P.O. & P.S. Hiranpur, District Pakur, PIN 816107, (Jharkhand), through its Partner, namely, Sanjay Kumar Singh, aged about 49 years, son of Raj Kishore Prasad Singh, resident of Ward No. 3, Raj High School Road, P.O. & P.S. Pakur, District Pakur, PIN 816107, (Jharkhand). ... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi

- 50 - WPC 2360 OF 2022 & Batch matters (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ... Respondents

With

M/s. Cygnet Stone Works, (A Proprietorship concern) having its works at Mouza Jiyajori, P.O. & P.S. Hiranpur, District Pakur, PIN 816107, (Jharkhand), through its Proprietor, namely, Sanjay Kumar Singh, aged about 49 years, son of Raj Kishore Prasad Singh, resident of Ward No. 3, Raj High School Road, P.O. & P.S. Pakur, District Pakur, PIN 816107, (Jharkhand). ... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4.District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ... Respondents

With

M/s. Jharkhand Stone Works, (A Partnership Firm), having its works at Mouza Leba. P.O. & P.S. Tinpahar, District Sahibganj, through its Partner, namely Md. Irshad Ali, aged about 45 years, son of Hafijulla Ansari, resident of Bada Madansahi, P.O. & P.S. Bada Madansahi, District Sahibganj,

- 51 - WPC 2360 OF 2022 & Batch matters PIN-816109, Jharkhand.

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2. The Secretary, Road Construction Department, Government of Jharkhand, having its office at Jharkhand Mantralaya (Project Building), PO. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand), PIN 834 004.

3.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

4.Deputy Commissioner, Sahibganj, having its office at Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj, District Sahibganj, PIN 816109

5.District Mining Officer, Sahibganj, having its office at Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj, District Sahibganj, PIN 816109.

...Respondents With

M/s Mira Pahar Stone Mines, (A Partnership Firm), having its works at Mouza Mirapara, P.O. & P.S. Zirwabari, District Sahibganj, through its Partner, namely, Md. Rabbul Ansari, aged about 37 years, son of Md. Abushama Ansari, resident of Chota Pangro, P.O. & P.S. Bada Madansahi, District Sahibganj PIN- 816109, Jharkhand.

.... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2. The Secretary, Road Construction Department, Government of Jharkhand, having its office at Jharkhand Mantralaya (Project Building), PO. Dhurwa, P.S.

- 52 - WPC 2360 OF 2022 & Batch matters Jagannathpur, District Ranchi (Jharkhand), PIN 834 004.

3.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

4.Deputy Commissioner, Sahibganj, having its office at Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj, District Sahibganj, PIN 816109

5.District Mining Officer, Sahibganj, having its office at Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj, District Sahibganj, PIN 816109.

...Respondents with

Lutfal Haque, Aged about- 44 years, Son of Abdul Rajjak, Resident of Village- Adityanagar, P.O. Bhasaipaikar, P.S. Samserganj, District- Mursidabad (West Bengal) .....Petitioner

Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

2. The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand) ... Respondents with

M/s. Baleshwar Stone Works Through its Proprietor namely, Lalan Singh, Aged about 66 years, son of Late Baleshwar Singh Resident of Kalpara, Pakur, Ward Number-09, P.S.-Pakur, P.O.-Pakur, District- Pakur (Jharkhand)

- 53 - WPC 2360 OF 2022 & Batch matters ...Petitioner Versus

1. The State of Jharkhand, through the Secretary, Deptt. of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand)

... Respondents with

Tridev Engicon Pvt. Ltd. Through its Director namely, Ravi Shankar Kumar, Aged about 43 Years, son of Sri Upendra Prasad Singh Resident of Krishnapuri Colony, Wiliums Town P.O. & P.S. & District- Deoghar (Jharkhand ...Petitioner Versus

1. The State of Jharkhand, through the Secretary, Deptt. of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand)

... Respondents

with

Ravi Shankar Kumar, aged about 43 years, S/o Sri Upendra Prasad Singh R/o Krishnapuri Colony, Wiliums Town P.O. & P.S. & District- Deoghar (Jharkhand)

...Petitioner Versus

- 54 - WPC 2360 OF 2022 & Batch matters

1. The State of Jharkhand, through the Secretary, Deptt. of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Deoghar, District Collectorate, Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar (Jharkhand).

4. District Mining Officer, Deoghar, District Collectorate, Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar (Jharkhand)

... Respondents with

Purushottam Sharan Prashant, aged about 43 Years, S/o Late Kamala Sharan R/o Krishnapuri, Wiliums Town P.O. & P.S. & District- Deoghar (Jharkhand) ...Petitioner Versus

1. The State of Jharkhand, through the Secretary, Deptt. of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Deoghar, District Collectorate, Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar (Jharkhand).

4. The District Mining Officer, Deoghar, District Collectorate, Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar (Jharkhand)

... Respondents

with

Ravi Shankar Kumar, aged about 43 years, S/o Sri Upendra Prasad Singh R/o Krishnapuri Colony, Wiliums Town P.O. & P.S. & District- Deoghar (Jharkhand)

...Petitioner

- 55 - WPC 2360 OF 2022 & Batch matters Versus

1. The State of Jharkhand, through the Secretary, Deptt. of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Deoghar, District Collectorate, Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar (Jharkhand).

4. The District Mining Officer, Deoghar, District Collectorate, Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar (Jharkhand)

... Respondents with

1. The State of Jharkhand, through the Secretary, Deptt. of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand)

... Respondents with

Amit Kumar Sinha, aged about 49 years, son of Arun Kumar Sinha, resident of Near Police Line, Shantipuri, Ward No. 20, Daltonganj, P.O. & P.S. Palamu, District Palamu, PIN 822101, Jharkhand.

                        - 56 -          WPC 2360 OF 2022 & Batch matters
                                                  ... Petitioner
                            Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3.Deputy Commissioner, Palamu, having its office at District Collectorate, Palamu, P.O. & P.S. Palamu, District Palamu District Palamu (Jharkhand).

4.District Mining Officer, Palamu, having its office at District Collectorate, Palamu, P.O. & P.S. Palamu, District Palamu, District Palamu (Jharkhand).

... Respondents

with

M/s Radheshyam Stone Works through its Partner Pankaj Kumar Tebriwal, aged about 41 years Son of Late Sumer Kumar Tebriwal, resident of Harindanga Bazar, Baganpur, Post Office-Pakur, Police Station-Pakur, District- Pakur (Jharkhand).

... Petitioner Versus

1.The State of Jharkhand through The Secretary, Department of Industries, Mines and Geology, Yojna Bhawan, Post Office and Police Station-Doranda, District-Ranchi (Jharkhand).

2.The Director of Mines, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Yojna Bhawan, Post Office and Police Station- Doranda, District Ranchi (Jharkhand).

3.The Deputy Commissioner, Pakur, Post Office and Police Station-Pakur, District-Pakur, Jharkhand.

4.The District Mining Officer, Pakur, Post Office and Police Station- Pakur, District- Pakur, Jharkhand.

                         - 57 -          WPC 2360 OF 2022 & Batch matters
                                                ... Respondents


                                with

Ali Mohammad, aged about 46 Years, son of Late Manwar Ali Resident of Gangadda, P.O.-Khapur, P.S.- Maheshpur, District-Pakur (Jharkhand) ...Petitioner Versus

1. The State of Jharkhand, through the Secretary, Deptt. of Industries, Mines & Geology, Government of Jharkhand, Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand)

... Respondents With

Binit Kumar Gupta, aged about 38 years, son of Bishwanath Gupta, resident of Village Mahadevbaran, P.O. & P.S. Mirachauki, District Sahebganj, PIN 813208, (Jharkhand).

... Petitioner

Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Secretary, Road Construction Department, Government of Jharkhand, having its office at Jharkhand Mantralaya (Project Building), PO. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand), PIN 834 004.

3.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at

- 58 - WPC 2360 OF 2022 & Batch matters Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

4.Deputy Commissioner, Sahibganj, having its office at Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj, District Sahibganj, PIN 816109

5.District Mining Officer, Sahibganj, having its office at Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj, District Sahibganj, PIN 816109.

...Respondents With

Sibu Sarkar @ Shiv Ratan Sarkar, aged about 57 years, son of Late Samar Sarkar, resident of Village Mahuadanga, Hiranandpur, P.O. & P.S. Mahuadanga, District Pakur, PIN- 816107, (Jharkhand).

...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2. The Secretary, Road Construction Department, Government of Jharkhand, having its office at Jharkhand Mantralaya (Project Building), P.O. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand), PIN 834 004.

3. The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

4. Deputy Commissioner, Pakur, having its office at Collectorate Building, Pakur, P.O. and P.S. Pakur, District Pakur, PIN 816107.

5. District Mining Officer, Pakur, having its office at Collectorate Building, Pakur, P.O. and P.S. Pakur, District Pakur, PIN 816107.

6. Certificate Officer cum Deputy Director of Mines, S.P. Circle, Dumka, having its office at Collectorate Building, Dumka, P.O. and P.S. Dumka, District Dumka, PIN- 814101.

                                         ... Respondents

                           With




                        - 59 -      WPC 2360 OF 2022 & Batch matters

Pankaj Kumar, aged about 50 years, son of Late Gaurkishore Singh, resident of village Bhavangama , P.O. Bhavangama, P.S. Sarath, District Deoghar (Jharkhand).

...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District-Ranchi (Jharkhand), PIN 834002.

2. The Director, Mines Directorate, Department of Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District- Ranchi (Jharkhand), PIN 834002.

3. Deputy Commissioner, Deoghar, having its office at District Collectorate, Deoghar, P.O. & P.S. Deoghar, District- Deoghar (Jharkhand).

4. District Mining Officer, Deoghar, having its office at District Collectorate, Deoghar, P.O. & P.S. Deoghar, District- Deoghar (Jharkhand).

... Respondents

With

Ezhar Karim, aged about 55 years, son of Abdul Karim, resident of Plot No. 2901, Mauza Padapahar, Noamundi, P.O. and P.S. Noamundi, District- West Singhbhum, Jharkhand.

... Petitioner

Versus

1. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand.

2. The principal Secretary, Department of Mines and Geology, at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand.

- 60 - WPC 2360 OF 2022 & Batch matters

3. The Director of Mines, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand.

4. The Deputy Commissioner, Chaibasa, P.O. and P.S. Chaibasa, District West Singhbhum, Jharkhand.

5. The District Mining Officer, West Singhbhum, Chaibasa, P.O. and P.S. Chaibasa, District West Singhbhum, Jharkhand. ... Respondents

With

M/s Trustline Dealers Private Limtied having its office at Plot No. 116 and 1, Khata No. 175, Mouza- Mugadighiya, Block Jagnnathpur, Dangwaposi, P.O. and P.S. Dangwaposi, District- West Singhbhum through its authorized signatory namely Rashid Ahmed, son of Late Ali Ahmed, resident of Ward No. 6, Dam Road, Barbil Basti, near Dam Barbil, P.O. and P.S. Barbil, District- Kendujhar, Odisha.

... Petitioner

Versus

1. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District- Ranchi

2. The principal Secretary, Department of Mines and Geology, at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi

3. The Director of Mines, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi

4. The Deputy Commissioner, Chaibasa, P.O. and P.S. Chaibasa, District West Singhbhum

5. The District Mining Officer, West Singhbhum, Chaibasa, P.O. and P.S. Chaibasa, District West Singhbhum

... Respondents

With

- 61 - WPC 2360 OF 2022 & Batch matters

... Petitioner

Versus

1. The State of Jharkhand through its Chief Secretary, having its office at Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand.

2. The principal Secretary, Department of Mines and Geology, at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand.

3. The Director of Mines, Department of Mines and Geology, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand.

4. The Deputy Commissioner, Chaibasa, P.O. and P.S. Chaibasa, District West Singhbhum, Jharkhand.

5. The District Mining Officer, West Singhbhum, Chaibasa, P.O. and P.S. Chaibasa, District West Singhbhum, Jharkhand.

... Respondents

With

M/s Laxmi Ganesh Stone Works, (A Partnership Firm), having its office at Anandpuri Colony, Pakur, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through one of its Partner, namely, Ajay Kumar, aged about 48 years, son of Awadh Bihari Bhagat, resident of House No. 63, Ajay Bhawan, Ward No. 03, Near Raj High School Road, Anandpuri Colony Pakur, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

                                             .... Petitioner



                       - 62 -      WPC 2360 OF 2022 & Batch matters
                              Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

2. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

3. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

... Respondents

With

Daulat Momin, aged about 62 years, Son of Late Yusuf Momin, resident of Village Rampur, P.O. & P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

.... Petitioner

Versus

2. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

3. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

... Respondents With

M/s. Three Star Stone Works, (A Partnership Firm), having its office at Village Janki Nagar, Madpara, Pakur, P.O. and P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through one of its Partners, namely, Jiyaul Shekh, aged about 46 years, Son of Ali Hussain, resident of Gram Jankinagar, P.O. Prithvinagar, P.S. Pakur (Mufassil), District Pakur, PIN 816107 (Jharkhand).

                         - 63 -       WPC 2360 OF 2022 & Batch matters
                                                       .... Petitioner

                             Versus

2. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

3. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

... Respondents With

M/s. Dada Bhai Stone Works, (A Partnership Firm), having its office at Taranagar, P.O. Ilami, P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through one of its Partner, namely, Mesbahul Alam, aged about 55 years, son of Late Abubakkar Saikh, resident of Gram Taranagar, P.O. Ilami, P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

.... Petitioner

Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

2. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

3. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

... Respondents

With

M/s. Jai Guru Stone Works, (A Partnership Firm), having its office at Village Janki Nagar, Madpara, Pakur, P.O. and P.S.

- 64 - WPC 2360 OF 2022 & Batch matters Pakur, District Pakur, PIN 816107 (Jharkhand), through one of its Partners, namely, Jiyaul Shekh, aged about 46 years, Son of Ali Hussain, resident of Gram Jankinagar, P.O. Prithvinagar, P.S. Pakur (Mufassil), District Pakur, PIN 816107 (Jharkhand).

.... Petitioner

Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

2. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

3. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

... Respondents

With

M/s National Black Stone Works, (A Proprietorship Firm), having its office at Tantipara, Pakur, P.O. and P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through its Proprietor, namely, Rehana Sultana, aged about 50 years, wife of Abdul Wahab Ansari, resident of Tantipara, Pakur, P.O. and P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).

.... Petitioner

Versus

2. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

3. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

                         - 65 -       WPC 2360 OF 2022 & Batch matters
                                               ...     Respondents
                            With

Bibeka Nand Tiwary @ Vivekanand Tiwari, aged about 58 years, Son of Late Jagdish Prasad Tiwari, resident of Hat Para, Pakur, P.O. and P.S. Pakur, District Pakur, PIN-816107 (Jharkhand). .... Petitioner

Versus

2. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

3. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

... Respondents With

K.C.C. Buildcon Private Limited, (A Company), having its Corporate office at 5th Floor, JMD Empire, Golf Course, Extension Road, Sector-62, Gurugram, P.O. & P.S. Gurugram, District Gurugram, PIN-122102, through its Authorized Signatory, namely, Rajesh Kaushik, aged about 41 years, son of Jai Prakash, resident of 201/34, Janta Colony, Rohtak, P.O. & P.S. Rohtak, District Rohtak, PIN-

124001 (Haryana).                           .... Petitioner

                             Versus

2. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

3. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur, Jharkhand, PIN 816107.

                         - 66 -       WPC 2360 OF 2022 & Batch matters
                                            ...     Respondents

                          with

Tridev Engicon Pvt. Ltd. Through its Director namely, Ravi Shankar Kumar, Aged about 44 Years, son of Sri Upendra Prasad Singh Resident of Krishnapuri Colony, Wiliums Town P.O. & P.S. & District- Deoghar (Jharkhand) ...Petitioner

Versus

1. The State of Jharkhand, through the Secretary, Deptt. of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.- Doranda, District Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand)

... Respondents with

Versus

1. The State of Jharkhand through the Secretary, Deptt. of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.- Doranda, District Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand).

- 67 - WPC 2360 OF 2022 & Batch matters

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand)

... Respondents

with

M/s. Shivam Stone Works Through its Partner namely, Bimlendra Kumar, Aged about 55 years, son of Sri Fuldev Prasad Singh Resident of Village- Rajapara, P.O.-Pakur, P.S.- Pakur (T), District- Pakur (Jharkhand).

...Petitioner Versus

1. That State of Jharkhand, through the Secretary, Deptt. of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S. Doranda, District-Ranchi (Jharkhand)

2. The Director of Mines, Mines Directorate, Department of Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O. & P.S.-Doranda, District Ranchi (Jharkhand)

3. The Deputy Commissioner, Pakur, District Collectorate, Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand).

4. The District Mining Officer, Pakur, District Collectorate, Pakur, P.O. & P.S.-Pakur, Distt.-Pakur (Jharkhand)

... Respondents with

M/s. N.S. & Co., (a Partnership Firm), having its office at Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur PIN 816107 (Jharkhand), through its Partner Arti Mandhyan, aged about 62 years, wife of Late jai Kishan Mandhyan, resident of 18 C Bipin Pal Road, Kalighat, Circus Avenue Kolkata, P.O. and P.S. Circus Avenue, District Kolkata, PIN 700026 (West Bengal).

...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi

- 68 - WPC 2360 OF 2022 & Batch matters (Jharkhand), PIN 834 002.

2. The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

... Respondents with

...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2. The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

                                          ...   Respondents

                            with





                         - 69 -      WPC 2360 OF 2022 & Batch matters

...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2. The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur, (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

... Respondents

with

...Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2. The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at

- 70 - WPC 2360 OF 2022 & Batch matters Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

3. Deputy Commissioner, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

4. District Mining Officer, Pakur, having its office at District Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).

... Respondents

with

Chandan Kumar, aged about 46, Son of Chandeshwari Prasad, resident of House No. 49, Station Road, Gadikhana, P.O. & P.S. Chaibasa, District West-Singhbhum, PIN- 833201 (Jharkhand).

...Petitioner Versus

1.The State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

2.The Secretary, Road Construction Department, Government of Jharkhand, having its office at Jharkhand Mantralaya (Project Building), PO. Dhurwa, P.S. Jagannathpur, District Ranchi (Jharkhand), PIN 834 004.

3.The Director, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834 002.

4.Deputy Commissioner, West-Singhbhum, Chaibasa having its office at Collectorate Building, Chaibasa, P.O. and P.S. Chaibasa, District West Singhbhum, PIN 833201.

5.District Mining Officer, Sahibganj, West-Singhbhum, Chaibasa having its office at Collectorate Building, Chaibasa,P.O. and P.S. Chaibasa, District West-Singhbhum, PIN 833201.

...Respondents

-------

CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN KUMAR RAI

- 71 - WPC 2360 OF 2022 & Batch matters

------

For the Petitioner(s) : Mr. Sumeet Gadodia, Advocate Mr. Ritesh Kumar Gupta, Advocate Mr. Prakhar Harit, Advocate Mr. Shruti Shekhar, Advocate Mr. Nillohit Choubey, Advocate Ms. Shilpi Sandil Gadodia, Advocate Mr. K.K. Ojha, Advocate Mr. Sahja Nand Saraswati, Advocate

Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate Mr. Rahul Kumar, Advcoate Mr. Sudhanshu Kumar Singh, Advocate Mr. S.N. Das, Advocate Ms. Saman Ahmad, Advocate Mr. Om Prakash Singh, Advocate Mr. Anoop Kumar Mehta, Advocate Mr. Manish Kumar, Advocate Mr. Pratyush, Advocate Mr. Sahay Gaurav Piyush, Advocate Mr. Nitish Parth Sarthi, Advocate Mr. Haider Ali, Advocate Mr. Shailendra Kumar Singh, Advocate

For the State : Mr. Rajiv Ranjan, Advocate General Mr. Mohan Kumar Dubey, AC to AG Mr. Sachin Kumar, AAG-II Mrs. Surabhi, AC to AAG-II Ms. Sweta Shukla, AC to AAG-II Mr. Ravi Prakash Mishra, AC to AAG-II

Mr. Ashutosh Anand, AAG III Mr. Sahbaj Akhtar, AC to AAG III

Ms. Divya, AC to SC III

Mr. Aditya Kumar, AC to Sr. SC I Mrs. Nirupama, AC to Sr. SC I

Mr. Suresh Kumar, SC (L&C)II Mr. Rakesh Kumar Singh, AC to SC (L&C) II Mr. Rahul Saboo, GP II Mr. Gaurang Jagodia, AC to GP II Mr. Kunal Chanda Suman, AC toGP II Mrs. Chaitali C. Sinha, Act o AAG IA Mr. Jayant Franklin Toppo, GA V Mr. Raunak Sahay, AC to GP V

- 72 - WPC 2360 OF 2022 & Batch matters Mr. Sarvendra Kumar, AC to SC (L&C) III Ms. Sunita Kumari, AC to Sr. SC. II Mr. Rajesh Kumar Singh, AC to SC (L&C)-II Mr. Rakesh Kumar Shahi, AC Mr. Rakesh Ranjan, AC to GA I

--------

CAV on 12/08/2024 Pronounced on 23/09/2024 Per Sujit Narayan Prasad, ACJ:

1. Since the issues involved in the instant batch of writ

petitions are identical, as such with the consent of learned

counsel for the parties, the same were heard together and are

being disposed of by this common order.

Common Prayer made in the writ petitions:

2. These writ petitions have been filed, under Article 226 of

the Constitution of India, with the common prayer for

quashing of different impugned order(s), as contained in

different memo numbers and on different dates. For the sake

of brevity, the prayer as made in first case of the batch case

i.e., W.P.(C) No. 2360 of 2022, is quoted as under:

(I).For issuance of appropriate writ/order/direction for

quashing/setting aside Memo No. 829/M dated 06.05.2022

(Annexure-9) wherein petitioner has been directed to make

payment of the amount of differential Royalty, D.M.F.T.,

Environmental Cess and Income Tax on the sole ground that

Stone Boulder excavated from the mines of the petitioner has

been transported to a Stone Crusher for production of stone

chips, as being wholly illegal, arbitrary and beyond the scope

of the Jharkhand Minor Mineral Concession Rules, 2004.

- 73 - WPC 2360 OF 2022 & Batch matters (II).For issuance of further appropriate writ/order/direction

for quashing/setting aside Notification dated 16th September,

2019 (Annexure-4) by which Schedule-2 of the Jharkhand

Minor Mineral Concession Rules, 2004 has been amended to

the extent a higher rate of royalty @ Rs. 250/- per cubic meter

has been prescribed for „Boulder, Gravel, Shingle which is

used for making chips‟.

(III).In alternative to prayer (2) above, petitioner prays for

issuance of an appropriate writ/order/direction, including

writ of declaration, declaring that the rate of royalty fixed @

Rs. 250/- cubic meter in respect of mineral for making stone

chips cannot be applied to such mining lessees who are not

having Processing Unit/Crusher Plant within their leasehold

area."

Facts of the case:

3. Brief facts of the case, as per the pleadings made in the

writ petitions, reads as under:

4. The petitioners are primarily engaged in the business of

mining and have been allotted various mining leases mainly

with respect to Stone Boulders within the territory of the

State of Jharkhand.

5. The State of Jharkhand, in exercise of power conferred

under Section 23-C(1) and 23-C(2) of the „Mines and Mineral

(Development and Regulation) Act, 1957‟, framed rule,

namely, „The Jharkhand Mineral (Prevention of Illegal Mining,

- 74 - WPC 2360 OF 2022 & Batch matters Transportation and Storage) Rules, 2017 [hereinafter referred

to as „Jharkhand Minerals Rules, 2017‟]. Under the said

Rules, the State of Jharkhand provided, inter alia, that no

transportation or otherwise removal of any mineral from any

place would be undertaken without obtaining a Transport

Challan duly generated through „Jharkhand Integrated Mines

and Minerals Management System Portal [in short „JIMMS

Portal‟], which has been recognized under Rule 2(k) of the

Jharkhand Minerals Rules, 2017.

6. It is the case of the petitioners that in some of the cases,

leases are subsisting whereas in some of the cases the leases

have expired. However, the petitioners, who have subsisting

mining lease stated to have separately registered under

JIMMS Portal.

7. Further, the State of Jharkhand, in exercise of power

conferred under Section 15 of the Minor Mineral

(Development and Regulation) Act, 1957 [in short „ MMDR

Act, 1957‟] framed a rule, namely, „Jharkhand Minor Mineral

Concessions Rules, 2004‟ [in short JMMC Rules, 2004‟] in

respect of matters pertaining to minor mineral including levy

of royalty.

8. It has been stated that under Section 9 (2) of the

MMDR Act, there is provision of royalty in respect of mining

lease, which says that the holder of a mining lease granted on

- 75 - WPC 2360 OF 2022 & Batch matters or after the commencement of this Act shall pay royalty in

respect of any mineral removed or consumed by him or his

agent, manager, employee, contractor or sub-lessee from the

leased area at rate for the time being specified in the Second

Schedule in respect of that mineral.

9. The Section 15(3) of the MMDR Act contains enabling

provisions enabling the State Government to levy royalty or

dead-rent in respect of minor minerals removed or consumed

at the rate prescribed for the time being in the Rules framed

by the State Government in respect of minor minerals.

10. It has been stated that from bare perusal of Section 9(2)

read with Section 15(3) of the MMDR Act, it would be evident

that the said Act contains enabling provisions towards

payment of royalty and the said Sections clearly provide, inter

alia, that payment of royalty would be made by a holder of

mining lease in respect of „mineral removed or consumed in

the leased area‟ to be specified in the Schedule.

11. Further, from bare perusal of provision, as contained

under Section 9(2) and 15(3) of the MMDR Act, it is evident

that payment of royalty is upon removal of mineral and/or

consumption of mineral from the leased area. Thus, the

incidence of levy of royalty is at the stage of removal of

mineral from the leased area and/or consumption of mineral

in the leased area.

- 76 - WPC 2360 OF 2022 & Batch matters

12. In exercise of power conferred under Section 15 of the

MMDR Act, the State of Jharkhand has promulgated

„Jharkhand Minor Mineral Concessions Rules, 2004‟

containing therein rules and regulations of minor minerals

including Boulder.

13. Rule 29 of the JMMC Rules provides for levy of royalty

and Rule 29(1)(kh) of the said Rules provides, inter alia, that

royalty would be payable as per Schedule 2 of the said Rules.

It is stated that original Schedule 2 of the JMMC Rules

determined the rate of royalty to be paid and, under the said

Schedule 2 royalty was payable at the same rate in respect of

Boulder, Gravel, Shingle and/or Boulder, Gravel, Shingle,

which is used for making chips.

14. The State of Jharkhand vide notification dated 16th

September, 2019 revised the rate of royalty in Schedule 2 in

the following manner:

Sl. No. Minerals name Rate of revised ownership (Per Cubic Meter)

1. Boulder, Gravel, Shingle 132/-

2. Boulder, Gravel, Shingle, which 250/-

is used for making chips

15. However, later on, the Deputy Director, Mines in

exercise of power conferred under provisions of the JMMC

Rules issued a clarification vide letter no. 32 dated

24.03.2022 wherein it was stated that royalty @ Rs. 250/-

- 77 - WPC 2360 OF 2022 & Batch matters per cubic meter would be charged irrespective of the fact that

a mining lessee is having crusher unit or not within its

mining lease area, if, ultimately, minerals are transported

through Transport Challan to a Crusher Unit.

16. In the backdrop of aforesaid fact, impugned demand

notices were issued to mining lessees stating that mining

lessees transported certain quantity of stone boulders from

their mining leases through Transport Challans to Crusher

Unit have paid royalty @ Rs. 132/- per cubic meter

equivalent to 374 cubic ft. whereas rate of royalty payable on

such boulders were Rs. 250/- per cubic meter equivalent to

708 cubic feet and, accordingly, difference of Rs. 118/- per

cubic meter equivalent to 334 cubic feet of royalty was

demanded along with DMFT Charges, Environmental Charges

and Income Tax.

17. The said notices issued to the petitioners-lessees are the

subject matter of instant writ petitions as also the petitioners

have questioned the notification dated 16th September, 2019

by which Schedule 2 of the Jharkhand Minor Mineral

Concessions Rules has been amended to the extent a higher

rate of royalty @ Rs. 250/- cubic meter for boulder, gravel,

shingle, which is used for making chips, has been charged.

Arguments on behalf of the Petitioner(s):

                         - 78 -      WPC 2360 OF 2022 & Batch matters
 18. Mr.    Sumeet    Gadodia,    Learned      counsel        for       the

petitioners has submitted that in terms of provisions of

Section 15(3) of the MMDR Act read with Rule 29(1)(kh) and

29(4) of the JMMC Rules, 2004 royalty is levied only upon

execution and removal of minerals from mining lease area

i.e., the incidence of levy of royalty is the extraction and/or

removal of minor mineral. In the instant case, the petitioners

have removed only „stone-boulders‟ from their mining lease,

which was leviable to royalty, even as per the amended

notification dated 16th September, 2019 @ 132/- per cubic,

but, instead of that impugned notice has been issued

demanding differential royalty from the petitioners on a

future event of crushing stone-boulders and converting the

same into chips, which is beyond the incidence of levy of

royalty under the MMDR Act read with JMMC Rules.

19. In support of this limb of argument, learned counsel for

the petitioner has relied upon the judgment rendered by

Hon‟ble Apex Court in the case of Tata Steel Ltd. Vs. Union

of India & Ors [(2015) 6 SCC 193].

20. Learned counsel for the petitioner has further submitted

that „minor mineral‟, as defined under section 3(e) of the

MMDR Act reveals that „minor mineral‟ means any mineral

which the Central Government may by notification in the

Official Gazette declares to be „minor mineral‟. Showing the

- 79 - WPC 2360 OF 2022 & Batch matters example of „Sand‟, submission has been made that it is for

the Central Government to declare a „minor mineral‟ and only

mineral i.e., Sand has been declared as both a minor mineral

and major mineral, depending upon its use for prescribed

purpose.

21. It has been submitted that in the case at hand, the

respondent-State has not come out with a case that stone-

boulder has also been notified as a separate minor mineral

enabling the State Government to prescribe a separate royalty

in respect of the same. Therefore, levy of royalty at different

rate of stone-boulders used for making chips is beyond the

competence of the State Government.

22. Learned counsel for the petitioner has further submitted

that the issue as to whether the stone-boulders, which are

crushed into stone grits, stone chips and stone dust etc.

could result into transformation into a new commodity or

would remain as the same mineral, has been answered by

Hon‟ble Apex Court in the case of State of Uttar Pradesh &

Ors Vs. Kumaon Crusher [(2018) 14 SCC 53] holding that

the nature and character of stone remains the same even

after crushing the boulder into small stone, stone-chips,

stone-dust etc.

23. In addition to the aforesaid argument, Mr. Indrajit

Sinha, learned counsel for the petitioners has submitted that

- 80 - WPC 2360 OF 2022 & Batch matters issue of „nature of royalty‟ fell for consideration before nine-

Judge Bench of Hon‟ble Supreme Court in the case of

Mineral Area Development Authority Vs. Steel Authority

of India Limited & Others [2024 SCC OnLine 1796]

wherein by majority of 8:1, it has been held that royalty is not

a tax but is the consideration paid to the State Government.

In support of his argument, he has relied upon paragraphs

64, 65, 67, 96, 177 and 342 of the said judgment.

24. Referring to the judgment rendered in Mineral Area

Development Authority Vs. Steel Authority of India

Limited (supra), in particular paragraph 124, submission

has been submitted that Section 9 of the MMDR Act

statutorily regulates the right of a lessor to receive

consideration in the form of royalty from the lessee for

removing or carrying away minerals from the leasehold area.

The said interpretation will apply with equal force to Section

15(3) of the MMDR Act. Therefore, the royalty is payable by

the lessee, which in this case is the petitioners, to the lessor,

the State of Jharkhand for removing or carrying away

minerals from the leasehold area.

25. Thus, the statute as well as the judgment of the Hon‟ble

Supreme Court unequivocally and unambiguously indicate

that royalty is payable when the "mineral" is removed outside

the leasehold area or is consumed inside the leasehold area.

- 81 - WPC 2360 OF 2022 & Batch matters The natural corollary of the above is that the royalty is paid

on the mineral in the form in which it leaves the leasehold

boundaries and not which it possibly can be converted at a

later point of time. Therefore, the royalty is payable on

mineral in praesentia and not in futuro.

26. It has further been submitted that by virtue of Section

15(3) of the MMDR Act, the State Governments have been

empowered to prescribe the rates of royalty, the delegation is

specific. Neither expressly not impliedly, the Parliament has

conferred on the State Government the power to create a new

mineral as a minor mineral or to empower the State

Government to defer the point of charging of royalty on the

mineral. But, the State Government, by amending Entry 2 of

Schedule 2 of the JMMC Rules vide notification dated 16th

September, 2019 overreaches the restrictions imposed by the

Parliament. Therefore, it has not only brought into existence

a new mineral in the form of boulder, gravel, shingle, which is

used for making chips but has also levy royalty on a product

which will come into existence at a later point of time and

thereby has deferred the point of chargeability. Therefore,

submission has been made that entry 2 of Schedule 2 of the

JMMC Rules, which provides for boulder, gravel, shingle,

used for making chips, is completely illegal and beyond

jurisdiction.

- 82 - WPC 2360 OF 2022 & Batch matters

27. It has further been submitted that as a matter of fact,

the entry 2 of schedule 2 of JMMC Rules is not in consonance

with the terms and conditions of the statutory lease. In terms

of the lease, the lessor (State) is not entitled to levy royalty on

an event which may happen to future after the mineral

travels beyond the lease hold area and any inconsistency

between the above would have to make a way for the terms

and conditions set out in the statutory lease.

28. Relying upon the judgment rendered by Hon‟ble Apex

Court in the case of Naresh Chandra Agarwal Vs. Institute

of Chartered Accountants of India and others [2024 SCC

OnLine 114] submission has been made that if a subordinate

legislation breaches the limitation imposed by the parent

statute then the courts would not hesitate to struck down the

same and in the case at hand, applying the said legal

principles it is evident that State of Jharkhand has travelled

beyond the parent statute i.e., MMDR Act, therefore, the

impugned notification to the extent of Entry 2 Schedule 2 of

the Jharkhand Minor Mineral Concession Rules, 2004 is

liable to be struck down, as the State of Jharkhand has no

authority or competence to provide for a separate and higher

rate of royalty on boulder, gravel, shingle, which is used for

making chips and the same rate of royalty which is payable

on boulder, gravel, shingle be charged.

- 83 - WPC 2360 OF 2022 & Batch matters

29. Mr. Anoop Kumar Mehta, adding to the argument

advanced by other counsel, submitted that there cannot be

two rates of royalty for the same mineral based upon the use

of mineral dispatched as Run of Mine (RoM) from leasehold

area in absence of any intelligible differentia.

30. It has further been submitted that mineral „boulder‟

having not been subjected to processing and converting it to

chips within the leasehold area, petitioners would only be

liable to pay royalty on boulders @ Rs. 132/cum and not at

the rate of Rs. 250/Cum.

31. It has further been submitted that had the mineral

„boulder‟ been processed within leasehold area and then

dispatched outside the leasehold area after value addition the

respondents-State would have been entitled to higher rate of

royalty upon conversion of „boulder‟ to „stone chips.

32. Taking the ground of principles of natural justice,

submission has been made that before issuance of impugned

demand notice, no proper opportunity of hearing has been

afforded to the writ petitioners and even the respondents had

not considered the replies so submitted by the petitioners.

33. It has been submitted that fixation of rates of royalty at

different rates in respect of the same mineral at the stage of

dispatch or consumption does not appear to be legally

justified. By such course of action, the lessor subjected the

- 84 - WPC 2360 OF 2022 & Batch matters writ petitioners-lessee to the dual test of arbitrariness and

discrimination while determining different rates of royalty in

respect of the same mineral i.e., „boulder‟.

34. It has further been submitted that the petitioners, who

are mining lessees in respect of minor mineral „boulder‟ have

been raising invoices to the buyers/consumers irrespective of

the nature of use.

35. Referring to the judgment rendered by Co-ordinate

Division Bench of this Court in the case of M/s Master

Sunder Das & Sons Vs. The State of Jharkhand & Ors in

WPC No. 601 of 2024, further submission has been made

that the writ petitioners therein were held liable to pay royalty

for boulder and not for boulders to be use for stone-chips.

36. The other counsel appearing for the petitioners in rest

cases have adopted the argument so advanced.

Submission of the Respondents State

37. Mr. Sachin Kumar, learned AAG-II appearing for the

respondents-State of Jharkhand has led the argument in the

instant batch of cases.

38. Learned counsel for the respondents-State has

submitted that Section 15 of the Mines and Minerals

(Regulation and Development) Act, 1957, provides power to

the State Government to make rules by notification in official

gazette for regulating the grant of quarry leases, mining or

- 85 - WPC 2360 OF 2022 & Batch matters other mineral concession, fixing and collection of rent,

royalty, fees, dead rent, fines or other charges and the time

within which and the manner in which these shall be payable

in respect of minor mineral and for purposes connected

therewith.

39. The State, in exercise of power conferred under Section

15 of the MMDR Act, 1957, made Jharkhand Minor Mineral

Concession Rules, 2004 and as per Rule 29(1)(kh) thereof,

royalty is chargeable as per rate notified from time to time in

Schedule 2 of the Rules.

40. It has been submitted that at paragraph 1 of Schedule 2

of the JMMC Rules, 2004, it has been mentioned that the

royalty for mineral Boulder, Gravel, Shingle is chargeable at

the rate of Rs. 132 per cubic meter w.e.f. 19.09.2019 and

royalty for mineral Boulder, Gravel, Shingle, which is used for

making chips will be chargeable at the rate of Rs. 250 per

cubic meter w.e.f. 19.09.2019.

41. So far power of the State Government to amend/revise

the rate of royalty is concerned, submission has been made

that as per Section 15 of the MMDR Act, 1957 the State

Government can amend/revise the royalty rate in three years

and the last amendment in the rate of royalty was made in

the year 2015 [29.04.2015] and thereafter, after a gap of four

years, the schedule rate has been notified vide impugned

- 86 - WPC 2360 OF 2022 & Batch matters Notification No. 1509/M dated 16.09.2019, which cannot be

said to be without jurisdiction rather the notification was

published as per provision of Section 15 of the MMDR Act,

1957.

42. Therefore, the lessee is duty-bound to pay the rent as

per the provisions of Rule 29 of the JMMC Rules and

conditions stipulated in the lease deed duly executed and

registered under Rule 22 of the JMMC Rules, 2004.

43. It has been submitted that the some of the petitioners

have stone crushers inside the mining lease areas and some

have outside, however, in some of the cases, the petitioners

have both inside and outside the stone crushers.

44. But the only question is that if the petitioner uses/sells

the boulders for making chips, irrespective of the fact

whether it is made inside or outside the lease hold area

rather it depends upon its uses, and accordingly, the

petitioner(s) has to pay royalty @ 250/- per cubic meter, as

per provisions of Rule 29 of the JMMC Rules and conditions

stipulated in the lease deed duly executed and registered

under Rule 22 of the JMMC Rules, 2004.

45. Further, in some of the cases, the petitioner is presently

paying royalty @ Rs. 250/- per cubic meter on boulder, which

is used for making chips as per provision of the schedule rate

notified vide notification dated 16.09.2019, as would be

- 87 - WPC 2360 OF 2022 & Batch matters evident from Annexure D to the counter affidavit filed in

W.P.(C) No. 2360 of 2022.

46. So far contention of the petitioners that since they are

remediless, as such they have approached this Court by filing

series of writ petitions, submission has been made that it is

incorrect and misleading statement rather as per the

provision of Rule 65(1) of the JMMC Rules, the petitioners

can approach the Deputy Director, Mines, of concerned

district and file appeal before the appellate authority i.e., the

Director of Mines against the assessment/demand raised by

the District Mining Officer.

47. Further, royalty on the basis of use of mineral is not a

new incident and in the case of major minerals (coal) different

rate of royalty has been fixed based upon their use. Different

price for different consumers (Power Plant, other than power

plant) based on use has been notified by the Ministry of Coal,

Government of India of same grade of coal raised from mines

site, and royalty on coal is chargeable @ 14% of the above

notified price of coal.

48. Therefore, prescription of two different rates of royalty

on the same mineral, on the basis of their use, is not an

arbitrary classification.

- 88 - WPC 2360 OF 2022 & Batch matters

49. In the case of Major Mineral, as per the Second

Schedule (Section 9) different rate of royalty has been notified

for the same mineral on the basis of their use.

50. It has further been submitted that as per Rule 29(1)(kh)

the royalty is chargeable as per the rate provided in Schedule

2 of the Rules and hence, while using Boulder for making

chips, whether it is being used outside of the lease or inside

of the lease, royalty will be chargeable @ Rs. 250 per cubic

meter, as per notification dated 16.09.2019.

51. Further, in the case at hand, since there is no denial of

the fact that the petitioners are not using the boulder for

making chips, therefore, it is self-admitted fact that the

lessee/petitioner uses the boulder for making chips.

52. It has further been submitted that in mining challan

generated in the lease, the consignee name and destination is

clearly mentioned and in the lease area and it is known about

the use of boulder for making chips or not, hence, if boulder

is used for making chips royalty is chargeable @ 250/- per

cubic meter. It has further been submitted that up-till now,

the quantity of mineral applied for generating transporting

challan has been provided to the petitioner, and in the light of

notification dated 19.09.2019, at present the lessee-

petitioners are paying royalty @ Rs.250/- per cubic meter on

boulder which is dispatched in crusher for making chips.

- 89 - WPC 2360 OF 2022 & Batch matters

53. Hence, it is clear that while using Boulder for making

chips whether it is being used outside of the lease or inside of

the lease, royalty will be chargeable @ Rs. 250 per cubic

meter w.e.f. 19.09.2019.

54. So far rule making power of the State Government

under Section 15 of the Minor Mineral (Development and

Regulation) Act, 1957 is concerned, the same has been

considered by Hon‟ble Apex Court in the case of D.K. Trivedi

& Sons and Ors versus State of Gujarat and Others.

[1986 (supp) SCC 20], in particular at paragraph 66 of the

aforesaid judgment.

55. The issue of principles of estoppels/waiver has also

been raised by learned State counsel since some of the

petitioners are paying the Royality amount as per the

notification dated 16.09.2019.

56. Referring to part V of the lease deed, copy of which was

produced in course of hearing, submission has been made by

the learned counsel for the State that part V of the lease deed

provides that the royalty shall be paid at the rate mentioned

from time to time in Schedule 2 of the JMMC Rules, 2004

wherein under the heading „Rate of Royalty‟, the rate of

royalty has been prescribed @ Rs. 105 and Rs. 65 per cubic

meter on building stone including stone chips, boulders road

metal, ballast and chilly, stone sets and stone bricks as the

- 90 - WPC 2360 OF 2022 & Batch matters case may be. Therefore, it is evident that rates have been

prescribed in the agreement also on different variety of

building stone.

57. Learned counsel for the State also referred to Rule 41 of

the JMMC Rules, 2004 which provides for payment of royalty

as provided in the lease deed. Therefore, otherwise also, the

petitioners are bound by the terms and conditions of the

lease deed and are also bound as per Schedule 2 of the Rule,

as amended from time to time.

58. It has been contended that the petitioners were aware of

these classification and different rates, however, they never

challenged this classification, therefore, they have neither any

right to wriggle out of the agreements nor they are entitled to

challenge the validity of rules, which constitute the terms of

the contract/agreement.

59. Reference, in this regard has been made to the

judgment rendered by Hon‟ble Apex Court in the case of

State of Orissa Vs. Narain Prasad & ors [(1996) 5 SCC

740], in particular paragraph 36, wherein it has been

observed that if any licensees having entered into agreements

voluntarily, containing the conditions aforesaid and having

done the business under the licences obtained by them,

cannot be allowed to either wriggle out of the agreements nor

- 91 - WPC 2360 OF 2022 & Batch matters can they be allowed to challenge the validity of the Rules

which constitute the terms of the contract.

60. In this regard, further reference has been made to the

recent judgment rendered by Hon‟ble Apex Court in the case

of Mineral Area Development Authority Vs. M/s Steel

Authority of India Limited & (supra), in particular paragraph

331, 342(a), 342(b).

61. In view of aforesaid facts, submission has been made

the demand notice served upon the petitioners requires no

interference by this Court as the same has been issued with

the due competence of the State Government.

Analysis

62. This Court having heard learned counsel for the parties,

perused the documents available on record, as also the

relevant Rules/Act, is of the view that following issues are

required to be answered for adjudication of the lis:

Issues framed:

I. Whether levy of royalty at different rate for stone-

boulders used for making chips is beyond the competence

of the State Government?

II. Whether the State Government, by amending Entry 2 of

Schedule 2 of the JMMC Rules vide notification dated 16th

September, 2019 overreaches the restrictions imposed

upon by the Parliament?

                         - 92 -      WPC 2360 OF 2022 & Batch matters
        III.      Whether the State of Jharkhand has authority or

competence to provide for a separate rate of royalty on

boulder, gravel, shingle, which is used for making chips?

IV.Whether, as per Section 9(2) and 15(3) of the MMDR Act,

the incidence of levy of royalty is at the stage of removal of

mineral from the leased area and/or consumption of

mineral in the leased area or as per its use?

V. Whether the royalty is to be paid on the mineral in the

form in which it leaves the leasehold boundaries and not

which it possibly can be converted to at a later point of

time?

VI.Whether prescription of two different rate of royalty on

the same mineral, on the basis of their use, is not

reasonable classification?

VII. Whether if the petitioners were aware of these

classification and different rates before entering into

agreement, at later stage they have right to wriggle out of

the agreements or they are entitled to challenge the validity

of rules, which constitute the terms of the

contract/agreement?

63. Since all the issues are interlinked, the same are being

taken up together.

64. This Court, before delving upon the issues, considers it

fit and proper to refer herein the relevant provisions of law,

which are necessary for deciding the issues involved herein.

- 93 - WPC 2360 OF 2022 & Batch matters

65. The Entry 50 of List II of the Seventh Schedule to the

Constitution of India deals with taxes on mineral rights

subject to "any limitations imposed by Parliament by law

relating to mineral development." So far as regulation of mines

and mineral development is concerned, it is enumerated both

under the Union List (Entry 54 of List I) and the State List

(Entry 23 of List II) of the Seventh Schedule. The entrustment

of the subject to the State legislatures under Entry 23 of List

II is made subject to the provisions of Entry 54 of List I.

Parliament enacted the Mines and Minerals (Development

and Regulation) Act, 1957 in exercise of its legislative powers

under Article 246 of the Constitution. The MMDR Act is a

comprehensive code for the regulation of mines and

development of minerals.

66. Under Articles 245 and 246(3) of the Constitution of

India, the State has the power to make laws in respect to any

matters enumerated in List-II of the 7th Schedule of the

Constitution. Further, the State can make regulations for

mines and mineral as per Entry 23.

67. By virtue of Section 2 of MMRD Act, 1957, it had been

declared that it is expedient in the public interest that the

Union should take under its control the regulation of mines

and development of mineral to the extent hereinafter

provided. The Section imposes an additional restriction on

- 94 - WPC 2360 OF 2022 & Batch matters the ambit of Entry- 54 by limiting it to the provisions of

MMRD Act, 1957.

68. For ready reference, the provisions of Section (3) of the

MMRD Act, is quoted as under:-

"(ad) "minerals includes all minerals except mineral oils; (ae) "mineral concession" means either a reconnaissance permit prospecting licence, mining lease, composite license or a combination of any of these and the expression "concession"

shall be construed accordingly;

(b) "mineral oils" includes natural gas and petroleum;

(e) "minor minerals" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purpose and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral;

(ea) "notified minerals" means any mineral specified in the Fourth Schedule." Section 4 provides the General Restrictions on undertaking prospecting and mining operations.

69. Section 3(i) of MMRD Act, 1957 the word „Mine‟ has the

same meaning as defined in Mines Act, 1952. However,

"minor minerals" is defined under Section 3 (e) of Mines and

Minerals (Development and Regulation) Act, 1957.

70. Likewise, Section 4A provides for termination of

prospecting license or mining leases also places the State

Government in an important regulatory role with respect to

minerals over which Central Government exercises control.

71. Further, Section 9 of the MMDR Act deals with the

royalties in respect of mining lease and in Section 9 (2)

- 95 - WPC 2360 OF 2022 & Batch matters thereof there is provision of royalty in respect of mining

leases, which says that the holder of a mining lease granted

on or after the commencement of this Act shall pay royalty in

respect of any mineral removed or consumed by him or his

agent, manager, employee, contractor or sub-lessee from the

leased area at rate for the time being specified in the Second

Schedule in respect of that mineral.

72. For ready reference, Section 9 of the MMDR Act is

quoted as under:

9. Royalties in respect of mining leases.― (1) The holder of a mining lease granted before the commencement of this Act shall, notwithstanding anything contained in the instrument of lease or in any law in force at such commencement, pay royalty in respect of any [mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee] from the leased area after such commencement, at the rate for the time being specified in the Second Schedule in respect of that mineral.

(2) The holder of a mining lease granted on or after the commencement of this Act shall pay royalty in respect of any [mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee] from the leased area at the rate for the time being specified in the Second Schedule in respect of that mineral.

[(2A) The holder of a mining lease, whether granted before or after the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972) shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption by the workman does not exceed one-third of a tonne per month.] (3) The Central Government may, by notification in the Official Gazette, amend the Second Schedule so as to enhance or reduce

- 96 - WPC 2360 OF 2022 & Batch matters the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification:

[Provided that the Central Government shall not enhance the rate of royalty in respect of any mineral more than once during any period of 3 [three years].]

73. Section 9(1) of the Act contemplates the levy of royalty

on the mineral consumed by the holder of a mining lease in

the leased area. It further contemplates that the holder of a

mining lease granted on or after the commencement of this

Act shall pay royalty in respect of any [mineral removed or

consumed by him or by his agent, manager, employee,

contractor or sub-lessee] from the leased area at the rate for

the time being specified in the Second Schedule in respect of

that mineral.

74. The Hon‟ble Apex Court in the case of National Mineral

Development Corpn. Ltd. v. State of M.P., (2004) 6 SCC

281 has categorically stated that Section 9 is not the

beginning and end of the levy of royalty. The royalty has to be

quantified for the purpose of levy and that cannot be done

unless the provisions of the Second Schedule are taken into

consideration.

75. For ready reference the relevant paragraph of the

aforesaid judgment is being quoted as under:

"23. Section 9 is not the beginning and end of the levy of royalty. The royalty has to be quantified for purpose of levy and that cannot be done unless the provisions of the Second Schedule are taken into consideration. For the purpose of

- 97 - WPC 2360 OF 2022 & Batch matters levying any charge, not only has the charge to be authorised by law, it has also to be computed. The charging provision and the computation provision may be found at one place or at two different places depending on the draftsman's art of drafting and methodology employed. In the latter case, the charging provision and the computation provision, though placed in two parts of the enactment, shall have to be read together as constituting one integrated provision. The charging provision and the computation provision do differ qualitatively. In case of conflict, the computation provision shall give way to the charging provision. In case of doubt or ambiguity the computing provision shall be so interpreted as to act in aid of charging provision. If the two can be read together homogeneously then both shall be given effect to, more so, when it is clear from the computation provision that it is meant to supplement the charging provision and is, on its own, a substantive provision in the sense that but for the computation provision the charging provision alone would not work. The computing provision cannot be treated as mere surplusage or of no significance; what necessarily flows therefrom shall also have to be given effect to.

24. Applying the abovestated principle, it is clear that Section 9 neither prescribes the rate of royalty nor does it lay down how the royalty shall be computed. The rate of royalty and its computation methodology are to be found in the Second Schedule and therefore the reading of Section 9 which authorises charging of royalty cannot be complete unless what is specified in the Second Schedule is also read as part and parcel of Section 9. "

76. Thus, it is evident that Section 9 of the MMDR Act is in

conjunction with the Second Schedule to the MMDR Act. It

was held that there is no conflict between the two and that

Section 9 of the MMDR Act cannot be read in isolation but

- 98 - WPC 2360 OF 2022 & Batch matters that the Second Schedule to the MMDR Act must be read as

a part and parcel of Section 9 of the MMDR Act.

77. Further in the case of Tata Steel Ltd. v. Union of

India, (2015) 6 SCC 193 while reiterating the aforesaid view

the Hon‟ble Apex Court has observed that the scheme of the

levy of royalty cannot be straitjacketed in view of the variety

of minerals to which the MMDR Act applies and for the

extraction of which royalty has to be paid.

78. For ready reference the relevant paragraph of the

aforesaid judgment is being quoted as under:

"56. It is clear therefore that Section 9 of the MMDR Act has to be read and understood in conjunction with the Second Schedule to the MMDR Act. There is a good reason for it, which is that the scheme of the levy of royalty cannot be straitjacketed in view of the variety of minerals to which the MMDR Act applies and for the extraction of which royalty has to be paid."

79. It needs to refer herein that the parliament enacted

MMRD Act, 1957 wherein it was declared that it is expedient

in the public interest that the Union should take under its

control the regulation of mines and the development of

minerals.

80. Whereas, Section 13 of the MMRD Act, 1957 gives power

to the Central Government to make Rules in respect of major

minerals for regulating the grant of reconnaissance permits,

- 99 - WPC 2360 OF 2022 & Batch matters prospecting licenses and mining leases with respect to

minerals.

81. Section 13 further empowers the Central Government to

make Rules for regulating the grant of mineral concession in

respect of minerals and for purposes connected therewith.

Section 14 of the Act excludes quarry leases, mining leases

and other mineral concessions in respect of minor minerals

and for purposes connected therewith from the application of

Section 5 to 13 of the Act.

82. Section 15 of the MMRD Act gives the same power to the

State Government to make rules in respect of minor minerals,

and the State Government by way of notification in the official

gazette, may make Rules for, regulating the grant of quarry

leases and mining leases or other minerals concession in

respect to minor minerals and "for purposes connected

therewith".

83. The power of Central Government and the State

Government are identical in these two Sections i.e. Section 13

and 15 of the MMRD Act, 1957. Section 13, 14 and 15 which

forms a group, have to be read together. Section 15 (1) is pari

materia to Section 13 (1), each conferring power to make

rules for „regulating‟.

84. In view of the dictionary meaning of the word „regulate‟,

the power to regulate by rules given by Section 13 (1) and 15

- 100 - WPC 2360 OF 2022 & Batch matters (1) is a power to control, govern, and direct by rules, the

grant of prospecting licences and mining leases in respect of

minerals other than minor minerals and for purposes

connected therewith in the case of Section 13 (1) and the

grant of quarry leases, mining leases and other mineral

concessions in respect of minor minerals and for purposes

connected therewith in the case of Section 15 (1) and to

subject such grant to restrictions and to adapt them to the

circumstances of the case and the surroundings with

reference to which such power is exercised.

85. The power to regulate conferred by Section 13 (1) and 15

(1) is not only with respect to the grant of licences and leases

mentioned in those sub-sections but is also with respect to

"purposes connected therewith". This phrase gives

government a wider power to frame Rules with regard to all

tasks which are incidental to the minor minerals.

86. A plain reading of Section 15 shows that the State

Government is bestowed with the power to make rules, and

such rules would provide power, to fix, collect rent, fees and

other charges. Further such rules may be made for any other

matter, which is to be or may be prescribed.

87. Section 15 (1) of Mines and Minerals (Development and

Regulation) Act, 1957, provides general power to States to

frame rules for regulating the grant of query leases and

- 101 - WPC 2360 OF 2022 & Batch matters mining leases and other mineral concession in respect of

minor minerals and for purposes connected therewith.

However, Section 15(1-A), which was inserted in statute book

vide Act No.37 of 1986 w.e.f. 10.02.1987, sets out that the

State Government may make rules, without prejudice to

generality of powers conferred under Section 15(1).

88. Section 15 thereof deals with power to the State

Governments to make rules in respect of minor minerals.

89. The State of Jharkhand, in exercise of powers conferred

under section 15 of the Minor Mineral (Development and

Regulation) Act, 1957 [in short „ MMDR Act, 1957‟] framed a

rule, namely, „Jharkhand Minor Mineral Concessions Rules,

2004‟ [in short JMMC Rules, 2004‟] in respect of matters

pertaining to minor mineral including levy of royalty.

90. For ready reference, the Rule 15 of the MMDR Act, 1957

is quoted as under:

15. Power of State Governments to make rules in respect of minor minerals.― (1) The State Government may, by notification in the Official Gazette, make rules for, regulating the grant of [quarry leases, mining leases or other mineral concessions] in respect of minor minerals and for purposes connected therewith.

[(1A) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:―

(a) the person by whom and the manner in which, applications for quarry leases, mining leases or other mineral concessions may be made and the fees to be paid therefor;

- 102 - WPC 2360 OF 2022 & Batch matters

(b) the time within which, and the form in which, acknowledgement of the receipt of any such applications may be sent;

(d) the terms on which, and the conditions subject to which and the authority by which quarry leases, mining leases or other mineral concessions may be granted or renewed;

(e) the procedure for obtaining quarry leases, mining leases or other mineral concessions;

(f) the facilities to be afforded by holders of quarry leases, mining leases or other mineral concessions to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations;

(g) the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time within which and the manner in which these shall be payable;

(h) the manner in which rights of third parties may be protected (whether by way of payment of compensation or otherwise) in cases where any such party is prejudicially affected by reason of any prospecting or mining operations;

(i) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any quarrying or mining operations shall be made in the same area or in any other area selected by the State Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the quarrying or mining lease;

(j) the manner in which and the conditions subject to which, a quarry lease, mining lease or other mineral concession may be transferred;

(k) the construction, maintenance and use of roads power transmission lines, tramways, railways, serial rope ways, pipelines and the making of passage for water for mining purposes on any land comprised in a quarry or mining lease or other mineral concession;

- 103 - WPC 2360 OF 2022 & Batch matters

(l) the form of registers to be maintained under this Act;

(m) the reports and statements to be submitted by holders of quarry or mining leases or other mineral concessions and the authority to which such reports and statements shall be submitted;

(n) the period within which and the manner in which and the authority to which applications for revision of any order passed by any authority under these rules may be made, the fees to be paid therefore, and the powers of the revisional authority; and

(o) any other matter which is to be, or may be, prescribed.] (2) Until rules are made under sub-section (1), any rules made by a state Government regulating the grant of 1 [quarry leases, mining leases or other mineral concessions] in respect of minor minerals which are in force immediately before the commencement of these Act shall continue in force.

(3) The holder of a mining lease or any other mineral concession granted under any rule made under sub-section (1) shall pay [royalty or dead rent, whichever is more] in respect of minor minerals removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee at the rate prescribed for the time being in the rules framed by the State Government in respect of minor minerals:

Provided that the State Government shall not enhance the rate of [royalty or dead rent] in respect of any minor mineral for more than once during any period of 4 [three] years.] [(4) Without prejudice to sub-sections (1), (2) and sub-section (3), the State Government may, by notification, make rules for regulating the provisions of this Act for the following, namely:―

(a) the manner in which the District Mineral Foundation shall work for the interest and benefit of persons and areas affected by mining under sub-section (2) of section 9B;

(b) the composition and functions of the District Mineral Foundation under sub-section (3) of section 9B; and

- 104 - WPC 2360 OF 2022 & Batch matters

(c) the amount of payment to be made to the District Mineral Foundation by concession holders of minor minerals under section 15A.]

91. It is evident that the Section 15 of the MMDR Act,

confers power upon the State Governments to make rules in

respect of minor minerals, as such the State framed rule,

namely, „Jharkhand Minor Mineral Concessions Rules, 2004‟

in respect of matters pertaining to minor mineral including

levy of royalty.

92. It is further evident that Rule 15(3) of the MMDR Act

contains enabling provisions which enables the State

Government to levy royalty or dead-rent in respect of minor

minerals removed or consumed at the rate prescribed for the

time being in the Rules framed by the State Government in

respect of minor minerals.

93. It is also stipulated under Section 15(3) of the Act 1957

that the holder of a mining lease or any other mineral

concession granted under any rule made under sub-section

(1) of Section 15 shall pay [royalty or dead rent, whichever is

more] in respect of minor minerals removed or consumed by

him or by his agent, manager, employee, contractor or sub-

lessee at the rate prescribed for the time being in the rules

framed by the State Government in respect of minor

minerals.

- 105 - WPC 2360 OF 2022 & Batch matters

94. Further the proviso to sub-Section 3 of Section 15 of the

Act 1957 prescribes the rider upon the state government that

the State Government shall not enhance the rate of royalty or

dead rent in respect of any minor mineral for more than once

during any period of three years.

95. Thus, from the aforesaid discussion it is evident that the

State Government has power to make rules to enhance the

rate of royalty under Section 15(1) read with 15(3) in respect

of a minor mineral.

96. It is evident from the aforesaid discussion that State, by

virtue of the constitutional mandate as well as statutory

provision of Act 1957 which has been discussed herein above,

has ample power to make the rule for determining the rate of

royalty.

97. Further, it needs to refer herein the word "mineral" has

specifically not been defined in the Act but has been

judiciously interpreted. While considering the meaning of the

term "mineral", in V.P. Pithupitchai v. Special Secretary to

the Govt. of T.N., (2003) 9 SCC 534, in paras 10 and 12 the

Hon'ble Supreme Court held as under: -

"10. According to this Court's view in State of M.P. v. Mahalaxmi Fabric Mills Ltd.:

"Mineral in ordinary and common meaning is a comprehensive term including every description of stone and rock deposit whether containing metallic or non-

- 106 - WPC 2360 OF 2022 & Batch matters metallic substance. The word mineral in popular sense means those inorganic constituents of the earth's crust which are commonly obtained by mining or other process for bringing them to the surface for profit."

12.Therefore, a mineral as judicially defined would mean an inorganic substance found either on or in the earth which may be garnered and exploited for profit.".

98. On the basis of aforesaid settled proposition of law, it is

apparently clear that the minerals can be classified in two

types; first are those that are directly extracted, obtained

from the earth and others are those minerals that are

produced after the extraction through the process of crushing

or refinery and these types of minerals are used separately by

the company to earn profit in large scale.

99. In the instant case, boulders are first mineral that is

extracted directly by mining and stone chips are the other

minerals that is produced after extraction through the

process of crushing and is used separately by the company to

earn profit.

100. Now coming to the Rule 29 of the JMMC Rules which

has been enacted by the State of Jharkhand by the dint of

Section 15(3) of the Act 1957 as well as constitutional

mandate wherein it has been provided, inter alia, that Royalty

would be payable as per Schedule 2 of the said Rules.

101. For ready reference, the same is quoted as under:

- 107 - WPC 2360 OF 2022 & Batch matters

29. लगान एवं स्वाममस्व । जब खनन पट्टा स्वीकृत अथवा नवीकृत मकया

जाता है -

क अनुसूची-। एवं (क) में उल्लेखखत दर से मनयत लगान मलया जाएगा।

(ख) अनुसूची-2 में उल्लेखित दर से स्वाममस्व मिया जाएगा।

(ग) लघु खमनज के पट्टे धाररय ं द्वारा मजला खमनज (न्यास) मनयमावली (DMFT) के प्रावधान ं के तहत दे य रामि का भुगतान करना ह गा।

(घ) पट्टधारी द्वारा उपय ग में लाये गये दखल मकए गये भूतल क्षेत्र का भूतल लगान उस दर से दे य ह गा ज उस क्षेत्र के भू-राजस्व दर से अमधक न ह । (2) इन मनयम ं के लागू ह ने की मतमथ से पूवव में स्वीकृत अथवा नवीकृत खनन पट्ट ं मजनका अखित्व उक्त मतमथ क है , पर भी उप मनयन (1) का प्रावधान लागू ह गा।

(3) यमद खनन पट्टाधारी द्वारा एक से अमधक खमनज ं के द हन की अनुममत

एक ही क्षेत्र में दी गयी है त प्रत्येक खमनज के मामले में अलग-अलग स्वाममस्व अथवा मनयत लगान दे ना ह गा। परन्तु यह मक पट्टाधारी क प्रत्येक खमनज की खथथमत में ज भी अमधक रामि ह गी, मनयत लगान अथवा स्वाममस्व का भुगतान करना ह गा।

102. For ready reference, relevant portion of Schedule 2 is

also quoted as under:

    Sl. Minerals name                                     Rate    of    revised
    No.                                                   ownership (Per Cubic
                                                          Meter)
    1.    Boulder, Gravel, Shingle                        132/-

2. Boulder, Gravel, Shingle, which is 250/-

used for making chips

103. Thus, it is evident that in para-2 of the Schedule 2 of

the JMMC Rules, 2004 read with all the amendments till

date, it is mentioned that royalty for Mineral Boulder, Gravel,

Shingle which is used for making chips will be chargeable at

- 108 - WPC 2360 OF 2022 & Batch matters the rate of Rs. 250 per cubic meter with effect from

19.09.2019.

104. As per Rule 29(1) (kh), royalty is chargeable as per rate

notified from time to time in Schedule-2 of the Jharkhand

Minor Mineral Concession Rules, 2004.

105. As per Rule 29(1) (kh) of the JMMC Rules, 2004, the

Lessee shall have to pay fixed rent and royalty on quarterly

basis and the account of this rent and royalty shall be

adjusted on actual basis in such a way that the higher of

fixed rent or royalty shall be recovered in any year.

106. Now adverting to the facts of the case, it is evident that

the State of Jharkhand vide notification dated 16th

September, 2019 amended the Schedule 2 of the said rules,

which is impugned in these batch of writ petitions.

107. It is contended by the petitioners that on the basis of

amendment in Schedule 2 of the JMMC Rules, 2004, demand

notice has been raised whereby the petitioners have been

directed to make payment of the amount of differential

Royalty, D.M.F.T., Environmental Cases and Income Tax on

the sole ground that Stone Boulder excavated from the mines

of the petitioner has been transported to a Stone Crusher for

production of stone chips, as being wholly illegal, arbitrary

and beyond the scope of the Jharkhand Minor Mineral

Concession Rules, 2004.

- 109 - WPC 2360 OF 2022 & Batch matters

108. In the backdrop of aforesaid facts and the relevant

provision of law, the first and foremost question which is to

be decided is as to:

"I.Whether the State Government is competent enough to

levy royalty at different rate of stone-boulders used for

making chips? and;

II.Whether the State Government, by amending Entry 2 of

Schedule 2 of the JMMC Rules vide notification dated 16th

September, 2019 overreaches the restrictions imposed

upon by the Parliament?"

109. We have discussed in preceding paragraphs that under

Section 15 of the MMDR Act, the State Government is

empowered to make rules by notification in the official gazette

for regulating the grant of quarry leases, mining, or other

mineral concession, fixing and collection of rent, royalty, fees,

dead rent, fines or other charges and the time within which

the manner in which these shall be payable in respect of

minor mineral and for purposes connected therewith.

110. Further, the State having exclusive power under Article

246 schedule 7 entry list 23 as well as under section 15

MMDR Act, to formulate the Rules and accordingly State have

formulated JMMC Rules to regulate the uses and taxes of

Minerals, as such there is no iota of doubt about the

competency of the State in making such Rules.

- 110 - WPC 2360 OF 2022 & Batch matters

111. It needs to refer herein that in the case of State of

Haryana and Anr. vs. Chanan Mal [(1977) 1 SCC 340) the

constitutional validity of the State enactment framed under

the provisions of the MMRD Act, 1957 was under challenge

before the Hon‟ble Supreme Court. The Constitution Bench of

the Hon‟ble Apex Court held that subject to the overall

supervision of the Central Government, the State Government

has a sphere of its own power and can take legally specified

action under the Central Act and rules made thereunder.

Thus, the whole field of control and regulation under the

provisions of the Central Act of 1957 cannot be said to be

reserved for the Central Government.

112. Further the vires of Section 15(1) of the MMRD Act was

challenged in D.K. Trivedi and others vs. State of Gujarat

and others (supra) on the ground that it provided excessive

delegation of legislative power to the executive. The Hon‟ble

Apex Court has held as under:

"76. To summarize our conclusions : (1) Sub-section (1) of section 15 of the Mines and Minerals (Regulation and Development) Act, 1957, is constitutional and valid and the rule-making power conferred thereunder upon the State Governments does not amount to excessive delegation of legislative power to the executive. (2) There are sufficient guidelines provided in the 1957 Act for the exercise of the rule- making power of the State Governments under section 15(1) of the 1957 Act. These guidelines are to be found in the object for which such power is conferred, namely, "for regulating the grant of quarry leases, mining leases or other mineral

- 111 - WPC 2360 OF 2022 & Batch matters concessions in respect of minor minerals and for purposes connected therewith; the meaning of the word 'regulating'; the scope of the phrase "for purposes connected therewith"; the illustrative matters set out in sub-section (2) of section and the restrictions and other matters contained in sections 4 to 12 of the 1957 Act. The power to make rules conferred by section 15(1) includes the power to make rules charging dead rent and royalty. The power to make rules under section 15(1) includes the power to amend the rules so made, including the power to amend the rules so as to enhance the rates of royalty and dead rent. A State Government is entitled to amend the rules under section 15(1) enhancing the rates of royalty and dead rent even as regards leases subsisting at the date of such amendment. Sub-section (3) of section 15 does not confer upon the State Governments the power to make rules charging royalty or to enhance the rate of royalty so charged from time to time. The sole repository of the power of the State Governments to make rules and amendments thereto, including amendments enhancing the rates of royalty and dead rent, is sub-section (1) of section 15. A State Government is not required to give an opportunity of a hearing or of making a representation to the lessees who would be affected by any amendments of the rules before making such amendments.

113. Thus, in the aforesaid judgment it is evident that the

sole repository of the power of the State Governments to

make rules and amendments thereto, including amendments

enhancing the rates of royalty and dead rent, is sub-section

(1) of section 15. The State Government is not required to

give an opportunity of hearing or of making a representation

to the lessees who would be affected by any amendments of

the rules before making such amendments.

- 112 - WPC 2360 OF 2022 & Batch matters

114. As discussed above, it is clearly given in the Rule under

Rule 29 (1) (kh) that royalty is chargeable as per rate notified

from time to time in Schedule-2 of the Jharkhand Minor

Mineral Concession Rules.

115. In the instant case, since, the State Government has

power to make rules to enhance the rate of royalty under

Section 15(1) read with 15(3) in respect of a minor mineral,

the State Government can amend/revise the royalty rate in

three years.

116. It appears that the last amendment in royalty rate was

made in the year 2015 (29.04.2015). Thereafter, after a gap of

four years, the schedule rate has been revised vide

Notification No.-1509/M, dated 16.09.2019, published in the

State Gazette on 19.09.2019, thus the aforesaid notification

is within the ambit of the rule as stipulated in the Rules

which has been framed by the State as per the power

conferred by section 15(3) of the Act 1957 and also as per the

mandate of Article 246 Entry 23.

117. As per Rule 29(1) (kh), royalty is chargeable as per rate

notified from time to time in Schedule-2 of the Jharkhand

Minor Mineral Concession Rules, 2004. In para-2 of the

Schedule 2 of the JMMC Rules, 2004 read with all the

amendments till date, it is mentioned that royalty for Mineral

Boulder, Gravel, Shingle which is used for making chips will

- 113 - WPC 2360 OF 2022 & Batch matters be chargeable at the rate of Rs. 250 per cubic meter with

effect from 19.09.2019.

118. The issues raised by the petitioners regarding

differential royalty can be understand only after

understanding the actual meaning of minerals. As discussed

above the word "mineral" is not defined in the Act; but has

been judiciously interpreted by the Hon‟ble Apex Court in the

case of V.P. Pithupitchai v. Special Secretary to the Govt.

of T.N., (supra) wherein it has been observed that the word

mineral in popular sense means those inorganic constituents

of the earth's crust which are commonly obtained by mining

or other process for bringing them to the surface for profit.

Therefore, a mineral as judicially defined would mean an

inorganic substance found either on or in the earth which

may be garnered and exploited for profit.

119. In the instant case, the petitioners by way of

beneficiation converted the boulder into chips which has

more commercial value than the boulder. Further, the State

government by virtue of amendment in schedule 2 of JMMC

Rule has only categorized two group i.e. royalty for Mineral

Boulder, Gravel, Shingle which is used for making chips will

be chargeable at the rate of Rs. 250 per cubic meter with

effect from 19.09.2019 whereas the royalty for Mineral

Boulder which is at the rate of Rs. 132 per cubic meter.

- 114 - WPC 2360 OF 2022 & Batch matters

120. On the basis of aforesaid discussion, it is apparently

clear that the minerals can be classified in two types first are

those that are directly extracted, obtained from the earth and

other are those minerals that are produced after the

extraction through the process of crushing or refinery and

these types of minerals are used separately by the company

to earn profit in large scale.

121. In the instant case, boulders are first mineral that is

extracted directly by mining; and the stone chips are the

other minerals that are produced after extraction through

the process of crushing and it is used separately by the

company to earn profit and that‟s why State charges

separate royalty on boulder and separate on stone chips.

Therefore it is neither arbitrary nor unreasonable, reason

being that as per amendment in schedule 2 of JMMC rule the

State has charged the differential rate of royalty, which is well

under the purview of the statutory provisions, as discussed

above.

122. The collection of higher rates of royalty i.e. Rs 250/- per

cubic meter on removal and transportation of stone boulders

through the mechanism of JIMMS Portal especially because

the petitioners are removing only stone boulders from their

mines and not stone chips and the incidence of levy of royalty

is at the stage of removal of mineral from the mines is fair

- 115 - WPC 2360 OF 2022 & Batch matters and reasonable as per Section 9(1) and (2) of the Mines and

Mineral Development and Regulation Act, 1957.

123. The moot question arises here that the Stone Boulder

excavated from the mines of the petitioner which has been

beneficiated by the petitioners in to stone chips either inside

the lease area or outside lease area upon which different rate

of royalty is charged by the State is just, fair and reasonable

and come within a „Reasonable Classification‟ and thus is in

consonance with Article 14 of the Constitution of India and

the Mineral Concession Rules, 2004.

124. It needs to refer herein that while class legislation is

prohibited under Article 14, but the legislature is nonetheless

permitted to classify people, objects, and transactions fairly

to achieve goals. However, categorization cannot be

"arbitrary, artificial, or evasive." It must always be based on a

distinction that is both just and reasonable in respect of the

goal that the legislation is trying to accomplish.

125. As per settled position of law that there are two

conditions which need to be fulfilled for a reasonable

classification: -

A) It should be on the basis of intelligible differentia.

B) Rational relation of the differentia with the object.

126. The reasonable classification is permitted by law on

valid grounds as it discriminates one group from another on

- 116 - WPC 2360 OF 2022 & Batch matters the basis of circumstances or characteristics. Therefore,

distinction on the basis of reasonable classification is rational

and logical, whereas distinction on the basis of reasonable

classification or class legislation is improper and violates

Article 14 of the Constitution of India. Article 14 forbids

hostile discrimination but not reasonable classification.

Article 14 certainly applies where equals are treated

differently without any reasonable basis.

127. The Hon'ble Apex Court in the case of Kathi Raning

Rawat v. State of Saurashtra, (1952) 1 SCC 215 has

observed that a distinction should be drawn between

„discrimination without reason‟ and „discrimination with

reason‟. The whole doctrine of classification is based on this

distinction and on the well-known fact that the

circumstances which govern one set of persons or objects

may not necessarily be the same as those governing another

set of persons or objects, so that the question of unequal

treatment does not really arise as between persons governed

by different conditions and different sets of circumstances.

128. Further, the Hon'ble Apex Court in Western U.P.

Electric Power & Supply Co. Ltd. v. State of U.P., (1969)

1 SCC 817 while observing that Article 14 does not operate

against rational classification, has held as under:

- 117 - WPC 2360 OF 2022 & Batch matters "Article 14 of the Constitution ensures equality among equals : its aim is to protect persons similarly placed against discriminatory treatment. It does not however operate against rational classification. A person setting up a grievance of denial of equal treatment by law must establish that between persons similarly circumstanced, some were treated to their prejudice and the differential treatment had no reasonable relation to the object sought to be achieved by the law."

129. Further, the Hon'ble Apex Court in the case of Air India

v. Nergesh Meerza, (1981) 4 SCC 335 has observed that

Article 14 forbids hostile discrimination but not reasonable

classification and Article 14 certainly applies where equals

are treated differently without any reasonable basis.

130. Further, as discussed above the State having exclusive

power under Article 246 Schedule 7 Entry list 23 as well as

under section 15(3) MMDR Act, to formulate the Rules and

accordingly, State has formulated JMMC Rules to regulate

the uses and taxes of Minerals wherein under Rule 29 (1) (kh)

royalty is chargeable as per rate notified from time to time in

Schedule-2 of the Jharkhand Minor Mineral Concession

Rules.

131. Thus, the State is entitled to charge differential royalty

on the stone boulder used for making chips whether it is

being used outside or inside of the leased area at the rate

prescribed under paragraph -2 of the Second Schedule of the

Jharkhand Minor Mineral Concession Rules, 2004.

- 118 - WPC 2360 OF 2022 & Batch matters

132. Therefore, under Rule 29(1)(kh) royalty is chargeable as

per rate notified from time to time in Schedule-2 Of the

Jharkhand Minor Mineral Concession Rules, 2004 and

neither do the rules appear to violate the equality clause as

provided under Article 14 of the Constitution of India.

133. Thus, the prescription of rate as per schedule 2 by the

State is a reasonable classification and is just, fair and

reasonable and is a Reasonable Classification within the

class and thus in consonance with the ideals and principles

of Article 14 of the Constitution and the Jharkhand Mineral

Concession Rules, 2004.

134. At this juncture this Court would like to refer Rule 41

of the JMMC Rules, 2004 which provides for payment of

royalty as provided in the lease deed, therefore, otherwise

also, the petitioners are bound by the terms and conditions of

the lease deed and are also bound as per Schedule 2 of the

Rule, as amended from time to time.

135. It requires to refer herein the settled position of law that

once the parties have accepted the terms and conditions of

lease or any agreement, it binds the parties and there cannot

be any breach of terms and conditions.

136. Reference in this regard be made to the judgment

rendered by Hon'ble Apex Court in the case of Tamil Nadu

Electricity Board and Another v. N. Raju Reddiar and

- 119 - WPC 2360 OF 2022 & Batch matters Another, (1996) 4 SCC 551 wherein at paragraph 7 it has

been held as under :-

"7. At the outset it must be borne in mind that the agreement between the parties was a written agreement and therefore the parties are bound by the terms and conditions of the agreement. Once a contract is reduced to writing, by operation of Section 91 of the Evidence Act, 1872 it is not open to any of the parties to seek to prove the terms of the contract with reference to some oral or other documentary evidence to find out the intention of the parties. ... ... ... ... ..."

137. Further, the law is well settled that once the terms and

conditions of the agreement have been accepted by the

parties, it is not available to them to assail the same,

reference in this regard be made to the judgment rendered by

Hon'ble Apex Court in the case of Panna Lal and Others v.

State of Rajasthan and Others reported in (1975) 2 SCC

633 wherein at paragraph 21 it has been held that the

licensee having voluntarily accepted the contract and after

having fully exploited to its advantage the contract to the

exclusion of other, cannot resile from the contract and cannot

challenge the terms either on the ground of inconvenient.

138. For ready reference, paragraph 21 of the aforesaid

judgment is quoted hereunder as

"21. The licenses in the present case are contracts between the parties. The licensees voluntarily accepted the contracts. "They fully exploited to their advantage the contracts to the exclusion of others. The High Court rightly said that it was not open to the appellants to resile from

- 120 - WPC 2360 OF 2022 & Batch matters the contracts on the ground that the terms of payment were onerous. The reasons given by the High Court were that the licensees accepted the license by excluding their competitors and it would not be open to the licensees to challenge the terms either on the ground of inconvenient consequence of terms or of harshness of terms."

139. Thus, in the instant case by virtue of Rules, 2004 the

parties are bound by the terms and conditions of the lease

deed as such both the parties have bounden duty to follow

the terms and conditions of the of the lease deed.

140. The core issue which has been agitated on behalf of

learned counsel for the petitioners is that the notification,

which has been issued in the year 2019 i.e., notification

dated 16th September, 2019 is without jurisdiction reason

being that the State is having no authority to come out with

such notification in absence of any power delegated by the

Central Government or under the authority of the Central

Government.

141. The said argument is not acceptable to this Court for

the reason that Section 15 has been inserted under the

MMDR Act, 1957 wherein provision has been made as under

Section 15(3) whereby the State Government has been

conferred power to make out rules.

142. It is not in dispute and it cannot be disputed that the

Jharkhand Mine and Minerals concession Rule (JMMC Rule)

has been enacted by the State of the Jharkhand under the

- 121 - WPC 2360 OF 2022 & Batch matters authority of Section 15(3) of the MMDR Act, 1957. Under

JMMC Rules, 2004, a provision has been made under Rule

29 conferring power upon the State to issue notification

regarding the rates of royalty of one or other minor mineral(s).

143. The moment the State has come out with a Rule under

the authority as conferred under Section 15(3) of the MMDR

Act, based upon which the statutory provision has been

enacted by virtue of Rule 29 under which the notification

dated 16th September, 2019 has been issued, therefore, it is

incorrect on the part of the writ petitioners to say that the

State Government is having no authority to revise the rates of

minor minerals.

144. If the contention of the petitioner will be accepted then

for what purpose the power has been conferred upon the

State and further the question would be that what is the

meaning of keeping the major minerals under list I under

Entry 54 and minor mineral under List II under Entry 23.

145. The aforesaid bifurcation of power is the basic structure

of the Constitution of India and there cannot be overlapping

otherwise, the result would be that in each and every

circumstance, the State Government will have to depend

upon the Central Government.

146. Therefore, the Constitution makers have bifurcated the

allocation of power in three lists i.e., List I, List II and List III.

- 122 - WPC 2360 OF 2022 & Batch matters The subject matter of List I is the exclusive domain of Central

Government; the subject matter of List II have exclusive

domain of State Government whereas on the subject matter

mentioned in List III i.e, the Concurrent List, will have power

to make rule both by the Central Government and the State

Government, depending upon the situation.

147. It needs to refer herein that the validity of Rule 29 of

2004 has not been questioned herein. Therefore, once the

validity of Rule 29, by which it is provided that royalty will be

as per the mandate schedule-2, is accepted then how can it

be argued that impugned notification is not as per Rule.

148. Accordingly, all the issues framed by this Court are

answered.

149. The factual aspect can also be considered on the

different angles, which is the global concern. The reason for

creating DMFT is only for the purpose of creating a fund so

as to compensate the loss occurred to the environment due to

the mining operation. The mines and minerals are natural

resources and the State is the custodian in addition to that it

is the accountability and duty of each and every citizen

across the world to maintain the environment so as to

maintain the sustainable development.

150. The issue since is global and as such if an area will be

allowed to be affected the balance across the globe will be

- 123 - WPC 2360 OF 2022 & Batch matters affected, which we have seen due to imbalance in the

environment.

151. The same is the basic underlying object of creation for

the purpose of DMFT fund. The concept is that if the natural

resources are being utilized then the mines operators are

obliged to pay something to the society and for the purpose

the concept of royalty has come as also has been taken note

of by the Constitution Bench of Hon‟ble Apex Court in the

case of Mineral Area Development Authority & Anr.Vs.

M/S Steel Authority of India & Anr. (Supra).

152. Further, Section 9B of Act 1957 provides for

establishment of the District Mineral Foundation ["DMF"] in

any district to work for the interest and benefit of persons

and areas affected by mining related operations. The purpose

of Section 9-B and the object of the DMF is to further the

cause of social justice for those affected by mining related

operations, such as tribals who may be dislocated or

displaced from their habitat. Section 9B(5) provides that the

holder of a mining lease shall pay, in addition to the royalty

paid under Section 9, an amount which is equivalent to such

percentage of the royalty as may be prescribed by the Central

Government.

153. It needs to refer herein that in exercise of the powers

conferred by Section 15(4) and Section 15 A of the Mines and

- 124 - WPC 2360 OF 2022 & Batch matters Minerals (Development and Regulation) Act, 1957 (as

amended in 2015), the Government of Jharkhand has made

the Jharkhand District Mineral Foundation (Trust) Rules,

2016 and as per Rule 2016, "District Mineral Foundation"

means a statutory trust established as a non-profit body by

the Government in all districts affected by mining or mining

related operations, in accordance with Section 9B of the Act

1957.

154. At this juncture this Court would like to discuss the

social responsibilities of the companies which has been

categorized as "Corporate Social Responsibility". It is a

concept where businesses are mandated to integrate social

and environmental concerns in their business activities. It

has mainly been considered as a moral and normative

responsibility that corporates can voluntarily pursue. But, in

the event of conflict or serious harm to the environment,

animals or people, where corporate irresponsibility is

occurring, it is manifestly illogical to leave to the corporation

the task of self-regulating.

155. This shows that Corporate Social Responsibility as a

concept lacks legal accountability for non-performance of

social obligations by companies. Therefore, there should be a

shift in focus towards legally mandated accountability.

156. Thus, we must move from "Corporate Social

- 125 - WPC 2360 OF 2022 & Batch matters Responsibility" to "Corporate Legal Responsibility". In this

regard, we need to reiterate our commitment to climate action

and the concrete mandatory steps to be taken even in the

case of corporations.

157. CSR is envisaged as a commitment to meet its social

obligations by playing an active role to improve the quality of

life to the communities and stakeholders on a sustainable

basis, preferably, in the project area where it is operating.

Reference in this regard may be taken from G. Sundarrajan

v. Union of India, (2013) 6 SCC 620 wherein at paragraph

119 the Hon‟ble Apex Court has observed as under:

"119. Sustainable development and corporate social responsibility (CSR) are inseparable twins, integrated into the principles of inter- and intra-generational equity, not merely human-centric, but ecocentric. CSR is much more when the project proponent sets up NPPs, thermal power plants, since every step taken for generation of energy from such hazardous substances, is bound to have some impact on human beings and environment, even though it is marginal. The Department of Public Enterprises (DPE), recently, issued the Comprehensive Guidelines on CSR for Central Public Sector Enterprises, which includes Npcil, to create, through the Board resolution, a CSR budget as a specific percentage of net profit of the previous year. CSR is envisaged as a commitment to meet its social obligations by playing an active role to improve the quality of life to the communities and stakeholders on a sustainable basis, preferably, in the project area where it is operating. CSR strategy has to be put in practice in line with the millennium development goals as lodged by the United Nations and adopted by the Government of India in the

- 126 - WPC 2360 OF 2022 & Batch matters 11th Five-Year Plan i.e. 2007-2012, which could cover the areas of education, health, drinking water/sanitation, environment, solar lighting system, infrastructure for backward areas, community development and social empowerment, promotion of sports and traditional forms of arts and culture, generation of employment opportunities and livelihood to be a part of the national/local initiatives to provide reliefs/rehabilitation in terms of natural disaster, calamities, etc.

158. Further, the role of private companies in environmental

protection was more extensively discussed at the UN

Conference on Environment and Development in Rio de

Janeiro in 1992. An action plan was accepted in the form of

Agenda 21. The website of the United Nations defines Agenda

21 as a daring program of action calling for new strategies to

invest in the future to achieve overall sustainable

development in the 21st century.

159. Agenda 21 suggested that the "industry should

incorporate cleaner production policies in its operations and

investments, taking also into account its influence on

suppliers and consumers". It was further suggested that

"industry and business associations should encourage

individual companies to undertake programmes for improved

environmental awareness and responsibility at all levels to

make these enterprises dedicated to the task of improving".

160. India has always adopted measures in line with its

commitment to tackling climate changes. There are catena of

- 127 - WPC 2360 OF 2022 & Batch matters judgments that have shaped the legal landscape surrounding

corporate responsibility on climate change in India. The

Hon‟ble Supreme Court of India has highlighted the duty of

corporations to protect the environment and contribute to the

remediation of environmental damage caused by their

activities. Various judgments have led to the strengthening of

environmental regulations, expanded corporate liability for

environmental damage, and increased transparency and

public participation in environmental decision-making

processes.

161. In case of environmental damage caused by

corporations, the Hon‟ble Supreme Court of India has

adopted the principles of "polluter pays", "precautionary

principle", and "sustainable development". The principle of

"Polluters Pays" demands that the financial costs of

preventing or remedying damage caused by pollution lies with

the undertakings which caused such pollution in the first

place. The "Precautionary Principle" mandates action to avert

risks that could cause serious and irreversible damage to the

environment and human health.

162. Furthermore, the Companies Act, 2013 introduced a

significant provision, Section 135, as part of its Corporate

Social responsibility. This includes initiatives related to

environmental sustainability and climate change mitigation.

- 128 - WPC 2360 OF 2022 & Batch matters Corporations are now required to allocate a portion of their

profits towards activities that benefits society and the

environment, driving investments in projects aimed at

addressing climate change.

163. Thus, Legal and moral responsibilities should be taken

together as a bundle of obligations for businesses to

effectively discharge their functions with accountability

inevitably linked to moral responsibility.

164. This Court in the purport of the aforesaid underlying

object and adverting to the factual aspect involved in the

present matter, it is admitted that the boulders, which has

been taken out by the mines operators admittedly is lesser in

cost to that of chips. The petitioners‟ case is that they extract

boulder for which the rate of royalty is less i.e., Rs. 132 per

cubic meter but outside the lease-hold area the same is being

converted into chips and hence, the royalty which has been

earmarked for Chips i.e., @ Rs. 250 per cubic meter is not

liable to be paid by one or the other petitioners.

165. But this Court is of the view that whether it is inside the

leasehold area or outside the leasehold area, when the very

concept is pay to the society due to extraction of the mining

operation to compensate the nature then it is the obligation

on the part of the petitioners to pay the royalty on the basis

- 129 - WPC 2360 OF 2022 & Batch matters of ultimate use of mines product, here it is from boulder to

chips.

166. In the light of aforesaid discussions and observations

made hereinabove, the writ petitions sans merit and

accordingly are dismissed.

167. Pending Interlocutory Applications, if any, stand dispose

of.

I Agree (Sujit Narayan Prasad, A.C.J.)

(Arun Kumar Rai, J.) (Arun Kumar Rai, J.) Alankar/-Samarth/-

A.F.R




                                       - 130 -      WPC 2360 OF 2022 & Batch matters

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