A.M. Khanwilkar, C.J.@mdashIn this petition, the petitioner originally challenged the decision of the M.P. Pollution Control Board dated 7.3,2014. However, by way of abundant precaution, the petitioner has also asked for further relief against the State Government relying on the fact that even after submission of the application for renewal of mining lease on 16.10.2008, which was made well in advance, the State Government has not taken any decision thereon. As a result, by virtue of Rule 24-A of the Mineral Concession Rules, 1960 (for brevity "the Rules of 1960"), sub-rule (6) in particular, the State Government has deemed to have extended the lease by a further period till the State Government passes order thereon. This position is no more res Integra. Petitioner has relied on the decision of the learned Single Judge of this Court in
2. The other core issue to be considered in the present petition is; whether the Pollution Control Board was justified in rejecting the application for grant of consent for carrying on the manufacturing activities on the ground that the petitioner has failed to submit valid mining lease?
For that, we would usefully refer to the application made by the petitioner to the Pollution Control Board (Annexure-P/11), which reads thus:-
Ref: A.C.C./K.Y./E.N.V./06
Date: 14.11.2013
Executive Engineer,
Madhya Pradesh Pollution Control Board
E-5, Arera Colony, Paryavaran Parisar,
Bhopal-16
Madhya Pradesh
K.A. Mr. Adesh Shrivastava EE
Sub: Renewal of Air and Water consent of 1520.22 Hec, Lime stone mines (Bamangaon and Mehgaon mines)
Ref: (1) Online application letter Air and Water for 1520.22 Ha Lime stone mines (Bamangaon and Mehgaon) dated 22.9.2013.
(2) Your letter No. 7360/Tech/PCB/2013 dated 21.10.2013
This has reference to above application and subsequent letter received from your office regarding renewal of air and water consent of our 1520.22 Hectare mines (Bamangaon and Mehgaon lime stone mines)
We would like to bring your kind attention that on following points:
(1) We have applied in time for renewal of our existing Mining Lease 1520.22 ha (Koilia and other 15 villages), in Tehsil Vijayraghogarh of Katni District for Limestone and Clay (case No. 43/ML/2008 dated 16.10.2008) (Photocopy of application and challan attached in Annexure-1).
(2)(a) Our application was recommended by Collector mining vide their letter No. 5987/Khanij/43/ML/renewal/2008 dated 21.12.2012 (Annexure-II).
(b) Commissioner Jabalpur also recommended regarding 250 metre forest clearance vide letter No. 4646/Khanij/2013 dated 13.9.2013 (Annexure-III).
(3) There is no any communication received from Department of mines, regarding any shortcoming in application.
(4) Under Rule 24-A(6) of Mineral Concession Rules, 1960, Collector, Mines, Katni issued a certificate stating that, the matter is under process at Mineral Resource Department and the lease treated as deemed renewal. (Annexure-IV)
(5) On the basis of above Rules, M.P.P.C.B. Bhopal is also renewing our mines consent since 2000.
(6) This is only cement plant in Katni District and supporting livelihood directly and indirectly for thousands of people and giving revenue to State Government to the tune of Rs. 91.11 Cr. And Central Government and others amounting to Rs. 244.79 Cr. per annum.
Our both the mines are captive mines and total cement plant is solely depended on supplies from these mines only. We are continuously pursuing our matter with Mineral Resource Department, Government of M.P. for renewal of our mining lease so that necessary documents can be submitted to all concerned departments.
In addition of that we would also like to draw your attention, as per the Rule 24-A(6) of Mineral Concession Rules, 1960 "if an application for renewal of a mining lease made within the time referred to in sub-rule (1) is not disposed of by the State Government before the date of expiry of the lease, the period of that lease shall be deemed to have been extended by a further period till the State Government passes order thereon." (Annexure-V)
On the basis of above, we would request you to kindly consider our consent, renewal application for Air and Water for above mines.
Thanking you,
Yours faithfully,
For A.C.C. Limited,
R.S. Rathore
Director Plant
Kymore Cement Works
Encl: Annexure I to V
CC:
1. Chairman, M.P.P.C.B., Bhopal.
2. Member Secretary, M.P.P.C.B., Bhopal.
3. Secretary, Mineral Resource Department, Bhopal.
4. Collector Mining, Katni.
5. Regional Office, M.P.P.C.B., Katni.
3. The Executive Engineer of the Pollution Control Board, in response, issued the communication dated 7.3.1914 which reads thus:-
Madhya Pradesh Pollution Control Board
Paryawaran Parisar E-5, Arera Colony Bhopal-462016
RegA/D
No. 1443/T.S./Mine/M.P.P.CB./2014
Date: 7.3.2014
To,
M/s. A.C.C. Ltd.
Bamangaon Meghgaon Lime Stone Mines,
Kymore, District Katni (M.P.)
Sub: Rejection of application for renewal consent u/s 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and u/s 21 of the Air (Prevention and Control of Pollution) Act, 1981 (Village: Bamangaon Meghagon Limestone Mine, 1520.22 Hac.)
Ref: Your application through X.G.N, vide inward 65566 date: 22.9.2013 (P.C.B.-I.D.-16356)
With reference to the above your application for the renewal of consent u/s 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and u/s 21 of the Air (Prevention and Control of Pollution) Act, 1981 is rejected due to following reasons:-
The mine management has failed to submit the valid mining lease in reference to the query raised on N.X.G.N. on dated 31.12.2013.
Your application may be reconsidered only after submitting the information as mentioned above. It is to be noted that the operation of the mine without valid consent is the violation of the provisions of Water/Air Acts.
Issued with approval of competent authority
Please acknowledge the receipt of this letter.
For & on behalf of
M.P. Pollution Control Board
(Adesh Srivastava)
(Executive Engineer)
Endt No./T.S./M.P.P.C.B./2014 Date:
Copy to:
1. Regional Officer, M.P. Pollution Control Board, Katni. For information and necessary action and send Inspection report of present status alongwith Monitoring report within 10 days.
2. District Mining Officer, Collectorate, Katni (M.P.) for necessary action please.
3. I.T. Section, M.P. Pollution Control Board, Bhopal. Please for necessary action.
(Adesh Shrivastava)
(Executive Engineer)
4. From the abovesaid communication, it is apparent that the sole reason stated by the Pollution Control Board for rejecting the application preferred by the petitioner is that the petitioner had failed to submit valid mining lease. The Pollution Control Board completely glossed over the stand taken by the petitioner in the communication (Annexure P/11) dated 14.11.2013 to the effect that the mining lease stood extended by virtue of deeming provision contained in Rule 24-A(6) of the Rules of 1960. This aspect has been completely missed out by the Pollution Control Board while considering the application of the petitioner for grant of consent. In other words, the decision of the Executive Engineer, which is impugned in this petition, suffers from the vice of non application of mind and deserves to quashed and set aside.
5. The Executive Engineer, Pollution Control Board is directed to reconsider the application preferred by the petitioner on 14.11.2013 (Annexure P/11) afresh on its own merits, in accordance with law. Until final decision is taken on the said application, the petitioner shall be entitled to continue with the operations on the same terms and conditions as specified by the Pollution Control Board in its communications dated 15.5.2013 (Annexures P/6 and P/7 respectively).
6. The Pollution Control Board shall take final decision in this matter within two weeks from today. Till then, the arrangement as directed hitherto shall continue. All questions to be decided by the Pollution Control Board are left open. If the petitioner is aggrieved by the final decision to be taken by the Pollution Control Board, will be free to challenge the same in appropriate proceedings, which will be considered on its own merits, in accordance with law.
Petition disposed of, on the above terms.
