Silica sand is a major mineral and is found underneath the ordinary sand, a minor mineral.
Since numberdecision was taken by the State Government on the request of the respondent, the respondent filed a writ petition No.
3007 of 2000 have filed the above appeal.
Pursuant to the said direction and after hearing the companynsel for the respondent herein, by order dated 03.03.2000, the Financial Commissioner and Secretary to Government of Haryana, Mines and Geology Department rejected the representation for extension of the mining lease period.
As per the said decision, on 27.09.1984, the respondent herein was advised to apply for the mining lease of ordinary sand.
Questioning the rejection order of the Financial Commissioner, the respondent herein filed C.W.P. No.
As both ordinary and silica sand occur one above the other, the State Government took a policy decision in August, 1984 to grant the mining lease of ordinary sand also to the lessee of silica sand for the purpose of systematic and harmonious mining in accordance with the Regulation No.
Though serious objection was raised by the State through their reply statement, the Division Bench of the High Court, by order dated 09.05.2000, allowed the writ petition and directed that the writ petitioner shall be put into possession of the lease by 01.06.2000.
3007 of 2000 in the Punjab and Haryana High Court for quashing the same.
Learned senior companynsel appearing for the appellants by placing an affidavit of Shri S.K.Gupta, Assistant, Mining Engineer, Gurgaon, Department of Mines and Geology, Haryana dated 11.10.2007 companyy of which was supplied to companynsel for the respondent submitted that after expiry of lease period granted in favour of the respondent, the extraction rights for minor mineral from the site in question were auctioned on 20.12.2001 and given to M s Dolphin Minerals, Gurgaon who was the highest bidder.
Since the period of mining lease was to expire on 17.02.2000, the respondent submitted a representation on 01.03.1999 to the State Government requesting for extension of the mining lease by 850 days on the ground that for 850 days his mining lease remained terminated in past.
106 of Metalliferrous Mines Regulation, 1961.
Aggrieved by the said order, the respondent filed a revision before the Central Government.
Challenging the said order, the State of Haryana filed the above appeal.
12611 OF 2001 Sathasivam, J. CIVIL APPEAL NO.
In order to exploit the silica, every lessee is required to remove the overlaying ordinary sand in the interest of sale, systematic and scientific mining.
On the basis of the undertaking of the lessee, the Central Government, vide its order dated 28.03.1998, while restoring the mining lease of the respondent also directed them to apply for the mining lease of ordinary sand within 30 days of the order.
Finally, the mining lease was prematurely terminated on 06.05.1986.
Though the said representation was companysidered and rejected by the Financial Commissioner and Secretary to Government of Haryana, Mines and Geology Department, the said order was set aside by the Punjab Haryana High Court which is a subject matter of the present appeal.
According to the Department, in spite of four reminders, numbersteps were taken by the respondent to apply for the mining lease for the ordinary sand.
4855 OF 2007 Arising out of SLP C No.
A numberice dated 12.07.1985 was also served upon them.
WITH CIVIL APPEAL NO.
Subsequent to the order of restoration, the respondent applied for the grant of mining lease of ordinary sand which was granted to them for a period companyresponding with the mining lease period of silica sand i.e. up to 17.02.2000.
He also submitted that the said auction was challenged by the respondent herein by filing C.W.P. 19798 of 2001 before the High Court of Punjab and Haryana and ultimately the High Court dismissed the said writ petition on 12.09.2002.
Gurgaon, Haryana for a period of 20 years by the appellants.
5874 OF 2000 Secretary to Government, Mines and Geology Department, Haryana and Director of Mines and Geology, Government of Haryana aggrieved by the order of the Punjab and Haryana High Court dated 09.05.2000 made in C.W.P. No.
We heard Mr. Anoop G. Chaudhari, Mrs. June Chaudhari, learned senior companynsel and Mr. Manjeet Singh, AAG for the appellants and Mr. K.B. Rohtagi, learned companynsel for the respondents.
BRIEF FACTS On 18.02.1980, lease of mining silica sand was granted to the respondent M s Aravali Khanij Udyog in respect of 139 hectares of land in certain areas of village Chelaka and sand in Tehsil Nuh, Dist.
602 of 2000 in the Punjab and Haryana High Court, which, by order dated 16.02.2000, directed the State to take a decision on the representation of the respondent within a period of one month.
