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Writ Petition No.4427/2014
HIGH COURT OF MADHYA PRADESH, PRINCIPAL
SEAT AT JABALPUR
Writ Petition No.4427/2014
M/s ACC Limited ............Petitioner
Versus
M.P. Pollution Control Board and others
........Respondents
CORAM
Hon. Shri Justice A.M.Khanwilkar, Chief Justice
Hon. Shri Justice K.K. Trivedi
Whether approved for reporting ?
Shri Kishore Shrivastava, Senior Advocate with Shri Prem
Francis, Advocate for the petitioner.
Shri Rohit Jain, Advocate for respondent nos. 1 to 3.
Shri Samdarshi Tiwari, G.A. for the respondent no.4-
State.
ORDER
(28.03.2014) Per A.M. Khanwilkar, Chief Justice (Oral):
In 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 2 Writ Petition No.4427/2014 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.
2. Petitioner has relied on the decision of the learned Single Judge of this Court in Pratap Singh Chouhan Vs. State of Madhya Pradesh and another (1996 MPLJ 233). Petitioner has sought further relief of declaration and direction against the State Government consistent with the stipulation provided under Sub-rule (6) of Rule 24-A of the Rules of 1960. The petitioner, in our opinion, must succeed in this behalf. The State Authority is directed to consider the application of the petitioner for renewal of lease dated 16/10/2008 expeditiously, preferably within eight weeks. If that decision is adverse to the petitioner, the petitioner may challenge the same by way of appropriate proceedings which will have to be decided on its own merits.
3. 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: ACC/KY/ENV/06 Date : 14.11.2013 Executive Engineer, Madhya Pradesh Pollution Control Board 3 Writ Petition No.4427/2014 E-5, Arera Colony, Paryavaran Parisar, Bhopal - 16 Madhya Pradesh K.A. Mr. Adesh Shrivastava EE Sub: Renewal of Air & Water consent of 1520.22 Hec. Lime stone mines (Bamangaon & Mehgaon mines) Ref:
1) Online application letter Air & Water for 1520.22 Ha Lime stone mines (Bamangaon & Mehgaon ) dated 22.09.2013.
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 & water consent of our 1520.22 Hectare mines (Bamangaon & 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 & Challan attached in Annexure I)
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 meter forest clearance vide letter No. 4646/Khanij/2013 dated 13.09.2013 (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 Rule, 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 rule, MPPCB Bhopal is also renewing our mines consent since 2009.
6) This is only cement plant in Katni District and supporting livelihood directly and indirectly for thousands of people and giving revenue to State Govt. to the tune of Rs. 91.11 Cr. And Central Govt. & 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, Govt. of MP for renewal of our mining lease so that 4 Writ Petition No.4427/2014 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 24A (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 Govt. passes order thereon" (Annexure V) On the basis of above, we would request you to kindly consider our consent, renewal application for Air & Water for above mines.
Thanking you, Yours faithfully, For ACC Limited, R.S.Rathore Director Plant Kymore Cement Works Encl: Annexure I to V CC:
1. Chairman, MPPCB, Bhopal
2. Member Secreatry MPPCB, Bhopal
3. Secretary Mineral Resource Department, Bhopal
4. Collector Mining, Katni
5. Regional Office, MPPCB, Katni
4. The Executive Engineer of the Pollution Control Board, in response, issued the communication dated 7/3/14 which reads thus:-
Madhya Pradesh Pollution Control Board Paryawaran Parisar E-5, Arera Colony Bhopal - 462016 Reg A/D No. 1443/TS/Mine/MPPCB/2014 Date: 07-03-2014 To, M/s ACC Ltd.
Bamangaon Meghgaon Lime Stone Mines, Kymore, District Katni (M.P.) Sub: Rejection of applications for renewal consent under section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and under section 21 of the Air (Prevention and Control 5 Writ Petition No.4427/2014 of Pollution) Act, 1981 (Village: Bamangaon Meghagon Limestone Mine, 1520.22 Hac.) Ref: Your application through XGN vide inward 65566 date : 22/09/2013 (PCB-ID-16356).
With reference to the above your application for the renewal of consent under section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and under section 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 NXGN on dt. 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 Shrivastava) Executive Engineer Endt. No. /TS/MPPCB/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 along with monitoring report within 10 days.
2. Distt. Mining Officer, Collectorate, Katni (MP) for necessary action please
3. IT Section, M.P. Pollution Control Board, Bhopal. Please for necessary action (Adesh Shrivastava) Executive Engineer
5. From the abovesaid communication, it is apparent that the sole reason stated by the Pollution Control Board for 6 Writ Petition No.4427/2014 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 14/11/13 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.
6. 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 15/5/13 (Annexures P/6 and P/7 respectively).
7. The Pollution Control Board shall take final decision in this mater within two weeks from today. Till then, the arrangement as directed hitherto shall continue.
8. 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.
7Writ Petition No.4427/2014 Petition disposed of, on the above terms.
(A.M.Khanwilkar) (K.K. Trivedi)
Chief Justice Judge
(and)