Auction of Mining

HC dispose of bunch of petitions with the direction to ensure compliance with the guidelines issued by Supreme Court

Jammu, May 22: In bunch of petitions filed by stone crushers of Jammu division challenging the controversial SRO-105 dated March 31, 2016 by which the Govt had planned to give lease of huge mining blocks of several hectares in one go, Justice Alok Aradhe of J&K High Court Jammu Wing after hearing Vikram Sharma for the petitioners whereas Sudesh Sharma Govt Advocate for the state whereas Adv Pranav Kohli appearing for the private respondents disposed of the petitions with the directions.
The petitioners have challenged the validity of SRO 105 of 2016 dated 31.03.2016 insofar as it discriminates against the smaller units of the petitioners to benefit the big business houses and leaves the small scale industrial units to extinct at the mercy of mighty businessmen. The petitioners also seek writ of certiorari for quashing the Auction Documents and District-wise Auction Notices issued by Director, Geology and Mining dated 06.04.2016 for grant of Mining Lease/Quarry Licence. The petitioners also seek a direction to the respondents to notify smaller Minor Mineral Blocks to ensure wider participation and competition and also for survival of existing Small Scale Industries/ Stone Crusher units in the State. The petitioners are small scale industries which were granted licence for extraction of major and minor minerals including crushing stones and sand used for construction purposes on payment of royalty.
Justice Alok Aradhe observed that Govt Advocate for respondents has submitted that the State Government shall ensure compliance with the directions issued by the Supreme Court in the case of Deepak Kumar and the recommendations made by Cabinet Sub- Committee while issuing the tender notice.
Justice Alok Aradhe further observed that In view of the categorical stand taken by the respondents and in view of the recommendations of the Cabinet Sub-Committee in its meeting held on 14.12.2016 and taking into account the fact that licences in favour of the petitioners to extract the minerals have already expired on 31.03.2017, it is not necessary for this Court to examine the validity of SRO 105 of 2016, however, as suggested by learned counsel for the petitioners, the writ petitions are disposed of with the directions to the respondents to ensure compliance with the guidelines of the Ministry of Environment and Forests and guidelines issued by the Supreme Court in the case of Deepak Kumar while holding auction with regard to grant of mining leases/quarrying leases. JNF