The Allahabad High Court recently overturned a blacklisting and mining lease cancellation order against the petitioner, emphasizing the essential adherence to principles of natural justice for upholding the rule of law in a civilized society. The court, comprised of Justices Siddhartha Varma and Shekhar B. Saraf, underscored that despite potential complexity, following natural justice principles is mandatory for maintaining the rule of law.
The petitioner, initially granted a 10-year lease for mining and stone crushing, faced allegations of illegal mining outside the leased area, violating Uttar Pradesh Minor Minerals (Concession) Rules, 2021. A substantial demand of Rs. 1,70,06,000/- was issued. The petitioner, aggrieved by the notice, filed a writ petition. Although the court directed a reply, an ensuing order blacklisted the petitioner for two years and canceled the lease without affording a hearing.
Citing the Supreme Court's precedent in The Board of High School and Intermediate Education, U.P. vs. Kumari Chitra Srivastava, the petitioner's counsel argued non-compliance with natural justice principles, leading to the writ petition's initiation. The court, aligning with this argument, emphasized that the violation of these principles warranted setting aside the cancellation and blacklisting order.
Summoning the District Magistrate, Sonbhadra, the court sought an explanation for the hastily passed order. The District Magistrate, in his affidavit, claimed non-awareness of the High Court's order and justified the actions based on the petitioner's alleged chronic trespassing. However, the court, relying on the Kumari Chitra Srivastava judgment, deemed the violation of natural justice principles sufficient grounds to annul the cancellation and blacklisting.
Highlighting that the court's order to file a reply was disregarded by the District Magistrate in the presence of the Standing Counsel, the court criticized the hasty actions taken without waiting for the petitioner's response. The court not only set aside the order but also directed the immediate resumption of the petitioner's activities on the leased land.
To rectify the situation, the court mandated the petitioner to submit a fresh reply within a week. The District Magistrate was instructed to adjudicate on the reply, ensuring a personal hearing for the petitioner. These directives aimed to restore the petitioner's rights and rectify the procedural improprieties observed in the case.
In conclusion, the Allahabad High Court's decision underscored the paramount importance of upholding principles of natural justice in administrative actions. The court's meticulous analysis of the case, reliance on legal precedents, and issuance of specific directives aimed at restoring justice exemplify the judiciary's commitment to maintaining fairness and due process in legal proceedings.
TAGS: Rule of law Civilized society Writ petition Violation of rules Notice Allegations Demand
