Allahabad HC stated: Under Rule 41(h) of UP Minor Minerals (Concession) Rules, 2023 (Rules, 2021), one can claim a refund during mining litigation-related stoppage.
Justices Siddhartha Varma and Manoj Bajaj, in their ruling, affirmed that the petitioner's situation aligns with Rule 41(h) of UP Minor Minerals (Concession) Rules, 2021, allowing a refund request.
The Petitioner was represented by Advocates Swati Singh and Birendra Singh, while the Respondents were represented by Additional Chief Standing Counsel Sandeep Singh.
The Petitioner applied for a license/permit following an advertisement for E-tenders under Rule 23(2)(2) of the Uttar Pradesh Minor Minerals (Concessions) Rules, 1863. The Petitioner's bid was approved, and they received a six-month permit upon making a specified payment.
An individual raised concerns about the petitioner's lack of an environmental clearance certificate with the National Green Tribunal (NGT). The NGT, after reviewing the case, instructed the State Environmental Impact Assessment Authority (SEIAA) to reevaluate the environmental clearance. Following this, the petitioner obtained the required environmental clearance. However, the District Magistrate initially allowed the petitioner to continue working for the remaining five months and twenty-one days, considering the permit issued on May 9, 2022, which the Magistrate later revoked. In response to this withdrawal, the petitioner filed a Writ Petition in court to challenge the decision.
The Court recognized that the petitioner's situation falls within the scope of Rule 41(h) of the Uttar Pradesh Minor Minerals (Concession) Rules, 2021 (Rules, 2021), enabling them to request a refund for the period when they couldn't work. Furthermore, the Court ordered the Respondent to refund the royalty amount for the inactive period with an interest rate of 6% per year. However, the Court did not intervene in the Withdrawal Order that prohibited the petitioner from further mining activities.
Therefore, the Court granted partial relief to the Petition.
TAGS: Petitioner National Green Tribunal Environmental clearance District Magistrate Rule 41(h).
