Shiva Mining vs. State Of Hp

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10221 of 2023

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Date of Decision: 07.05.2024

Sandeep Sharma, J. (Oral)

By way of instant petition filed under Article 226 of the

Constitution of India, petitioner has prayed for following main reliefs:

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"(i) That the respondents may be directed to grant extension of time to set the unit and also to grant letter of intent for mining and to inspect the site for setting up stone crusher.

(ii) That the respondents may be directed to decide the representation made by the petitioner vide Annexures P-8 and Annexure P-9 in a time bound manner.

(iii) That respondents may be directed to pass a reasoned order by considering the documents and contention raised by the petitioners in its application for extension of time to execute the lease deed as the land in question has already been put to use for which purpose it was granted and stone crusher is already functioning on the spot.

(iv) That the respondent No. 5 may be directed to give consent to establish the stone crusher and for mining activities.

2. Precisely, facts of the case, as emerge from the record are that on 24.06.2010, permission was granted to the petitioner for purchasing the land under HP Tenancy and Land Reforms Act. After having purchased land in State of Himachal Pradesh, petitioner initiated process to set up a stone crusher and permission for mining, however, such prayer was not considered. However, fact remains that before afore process could be taken to its logical end, CWP No. 1140 of 2010 and CWP No. 8318 of 2011 came to be filed before this Court, wherein pursuant to order passed by this Court, complete ban was imposed in mand area qua setting up of stone crusher as well as grant of mining. On account of aforesaid fact, proposal furnished by the petitioner in the year 2011 for setting up of stone crusher remained pending consideration before the competent authority.

3. On 07.07.2021, the case of the petitioner for grant of mining lease was returned on the ground that ban imposed is operating and no file can be processed. However, on 22.06.2023 ban imposed was modified by this Court in terms of observation made by Hon'ble Apex Court in Civil Appeals No. 3661 and 3662 of 2023 titled as State of Bihar and Ors. VS. Pawan Kumar & Ors. Vide judgment dated 22.06.2022 (Annexure P-6) Division Bench of this Court having taken note of aforesaid judgment rendered by the Hon'ble Apex Court, disposed of aforesaid writ petition by holding that as per general law mining activity including extraction of minerals is a legally recognized activity, and therefore, until and unless this activity or part thereof is declared illegal, the same cannot be stalled. After disposal of aforesaid writ petition, petitioner again made representation dated 01.06.2023, before Deputy Commissioner for extension of utilization period, however, fact remains that till date, aforesaid representation has not been decided, as a result thereof, great prejudice is being caused to the petitioner. It also emerge from the record that Mining Officer, District Kangra, HP vide order dated 08.06.2021, requested Sub Divisional Officer (Civil), Indora, District Kangra, HP to carry out joint inspection of area applied for grant of mining lease, but, till

date aforesaid communication has not been taken to its logical end. Though, respondent No. 5 has filed reply, but despite sufficient opportunities, no reply on behalf of respondents No. 1 to 4 has been filed.

4. Today, during proceedings of the case, learned Additional Advocate General has placed on record communication dated 16.01.2024, issued under the signatures of Deputy Commissioner, Kangra at Dharamshala, enclosing therewith certain documents, suggestive of the fact that case of the petitioner for grant of permission to set up stone crusher as well as mining is being processed.

5. It is averred in the aforesaid communication, which is taken on record that petitioner filed an application dated 03.07.2023, requesting therein, for grant of permission for extension of utilization period of the land, for which permission of Section 118 was granted earlier on 24.06.2019 for establishment of industrial unit. It has been further submitted in the aforesaid communication that pursuant to the directions contained in order dated 03.05.2023 passed in Civil Writ Petition No. 5338 of 2022 titled M/s Shiva Mining Stone Company Vs. State of HP & Ors., fresh application filed by the petitioner for permission to do mining on the land comprised in Khasra No. 375/3 land measuring 0-40-15 Hectares was considered. As per the aforesaid communication, matter was

forwarded to respondent No. 1 vide letter dated 09.10.2023 for necessary action. In response to aforesaid communication, letter dated 24.11.2023 has been received from the Government regarding examination of the case in light of instruction of department dated 05.02.2016 and for justification from the concerned department, which has initially issued the Essentiality Certificate alongwith supporting document. As per the aforesaid document, Essentiality Certificate stands issued by the industries department for setting up of an industrial unit in favour of the petitioner, and as such Director Industries, Shimla, HP has requested to submit the aforesaid report before the office of Deputy Commissioner vide letter dated 22.12.2023.

6. Though, having perused aforesaid communication as well as document annexed therewith, coupled with the fact that ban to set up stone crusher has been lifted, case of the petitioner to grant permission to set up Stone crusher and to do mining has been processed, but fact remains that till date nothing has been done.

7. At this stage, learned counsel representing the petitioner states that petitioner would be content and satisfied in case necessary directions are issued to the respondents to conduct joint inspection of the land in question in terms of communication dated 08.06.2021, issued by the Mining Officer, District Hamirpur, to Sub Divisional Officer (Civil), Indora, District Kangra, HP.

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8. Consequently, in view of above, this Court without adverting to the merits of the case at this stage, deems it fit to dispose of the present petition with a direction to Sub Divisional Officer (Civil), Indora, District Kangra, HP to conduct joint inspection of the land in question pursuant to communication dated 01.06.2023 issued by Mining Officer and thereafter report be submitted to Deputy Commissioner, District Kangra as well other authorities, enabling them to pass appropriate orders. Besides above, respondents No. 1 and 4 are also directed to consider and decide the pending representation dated 01.06.2023 and 06.06.2023, expeditiously, preferably within two weeks from today. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass detailed speaking order thereafter. Liberty is reserved to the petitioner to file appropriate proceeding in appropriate Court of law, if he still remains aggrieved.

sunil Judge

May 07, 2024 (Sandeep Sharma),