IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.5142 of 2006
Sheo Prasad Sahu ... ... Petitioner
Versus
The State of Jharkhand & Others ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
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For the Petitioner: Mr. P.K. Prasad, Advocate
For the Respondents: Mr. S.K. Verma (S.C. Mines)
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11/17.03.2010
I have heard both sides. The Deputy Commissioner, Latehar, by
Annexure-15 to this writ petition, has refused to execute the lease deed in
accordance with the decision of the Government holding that prior to the
revised survey of 1993 the land or at least part thereof, was recorded as
Jangal-Jhari, implying some kind of forest land.
The impugned order does not give any reason for ignoring the entry
made in revised survey published in 1993 wherein there is no mention or
indication of the land being even remotely a forest land. Further, there is no
mention in the impugned order about letter No.1688 dated 24.09.1996 of the
Divisional Forest Officer, Latehar in which the said officer has intimated that
the land of which the mining lease is sought is out of the forest land.
The Deputy Commissioner, Latehar has also chosen to ignore the
opinion of of the learned Advocate General dated 06.02.2004, copy of which
has been annexed as Annexure-13 to this writ petition. Normally these are
factors which should have been considered by the State Government while
taking a decision to grant or not to grant a mining lease. Once the State
Government has taken a decision, the work left for the Deputy Commissioner
is largely ministerial work of formal execution of the mining lease deed.
However, there may be cases where there are reasons for not executing the
mining lease despite the decision of the Government, but those reasons must
be absolutely clinching or extremely strong.
Considering these circumstances, I am of the opinion that the
decision taken by the Deputy Commissioner, Latehar is not correct on facts
or law. Accordingly, Annexure-15 to this writ petition is quashed. The Deputy
Commissioner, Latehar is directed to execute the lease deed in question
within a month of the date on which a certified copy of this order is presented
before him.
With the aforesaid direction this writ petition is disposed of.
(Sushil Harkauli, J.)