COMMON CAUSE versus UNION OF INDIA & ORS

COMMON CAUSE versus UNION OF INDIA & ORS

Mining leases operating as second and subsequent renewals without express orders from the State Government under Section 8(3) of the 1957 Act cannot be allowed to operate; State Government must consider and decide renewal applications within six months, prioritizing captive mining leases.

Parties
Petitioner: Common Cause; Respondents: Union of India & Ors
Jurisdiction
India
Judgment Date
16 May 2014
Procedural Posture
Writ Petition (civil) / Interim Order
Outcome
Interim matter disposed of with directions; writ petition disposed of.
Legal Topics
Mining Lease Renewal, Environmental Clearance, Forest Clearance, Deemed Renewal
Mining Law Environmental Law Administrative Law Mining Lease Renewal Environmental Clearance Forest Clearance Deemed Renewal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Common Cause

Petitioner

Union of India & Ors

Respondents

Procedural Posture

Writ Petition (civil) / Interim Order

Legal Issues

  1. 1 Whether mining leases operating without clearances or government renewal orders are legal.
  2. 2 Whether deemed renewal under Rule 24A(6) of the Mineral Concession Rules, 1960 is available for second and subsequent renewals.
  3. 3 Whether lessees can continue mining operations pending renewal applications.

Ratio Decidendi

Mining leases operating as second and subsequent renewals without express orders from the State Government under Section 8(3) of the 1957 Act cannot be allowed to operate; State Government must consider and decide renewal applications within six months, prioritizing captive mining leases.

Court Disposition

Interim matter disposed of with directions; writ petition disposed of.

Orders

  • Mining operations in 102 leases without clearances remain suspended; lessees may seek clearances and move for modification.
  • Mining operations in 29 leases determined/rejected/lapsed remain suspended; lessees may seek relief and move for modification.