M/S. SUNDER MARKETING ASSOCIATES versus STATE OF HARYANA & ORS.

M/S. SUNDER MARKETING ASSOCIATES versus STATE OF HARYANA & ORS.

Petitioner is permitted to surrender the mining contract if it complies with Rules 25 and 41(v) of the Rules as accepted by the State Government; permission extended for petitioner to continue mining operations till 30th November, 2017 subject to fulfillment of obligations on dues, wages, mine closure, security deposit, and strict enforcement of laws.

Parties
Petitioner: MIS. SUNDER MARKETING ASSOCIATES; Respondents: STATE OF HARYANA & ORS.
Jurisdiction
India
Judgment Date
11 August 2017
Procedural Posture
Special Leave Petition (civil) / Appeal From Final Judgment and Order Dated 1st June, 2017 Passed by the High Court of Punjab and Haryana at Chandigarh
Outcome
Special Leave Petition disposed of; High Court judgment and order modified to the extent of above terms; no costs.
Legal Topics
Minor Mineral Concession, Surrender of Mining Contract, Auction of Mining Leases, Mining Lease Transfer, Contract Rescission
Mines and Minerals Minor Mineral Concession Surrender of Mining Contract Auction of Mining Leases Mining Lease Transfer Contract Rescission

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Parties

MIS. SUNDER MARKETING ASSOCIATES

Petitioner

STATE OF HARYANA & ORS.

Respondents

Procedural Posture

Special Leave Petition (civil) / Appeal From Final Judgment and Order Dated 1st June, 2017 Passed by the High Court of Punjab and Haryana at Chandigarh

Legal Issues

  1. 1 Whether the petitioner can surrender the mining lease and under what conditions
  2. 2 Validity of transfer of mining lease to petitioner alone
  3. 3 Compliance with Rules 25 and 41(v) of the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

Ratio Decidendi

Petitioner is permitted to surrender the mining contract if it complies with Rules 25 and 41(v) of the Rules as accepted by the State Government; permission extended for petitioner to continue mining operations till 30th November, 2017 subject to fulfillment of obligations on dues, wages, mine closure, security deposit, and strict enforcement of laws.

Court Disposition

Special Leave Petition disposed of; High Court judgment and order modified to the extent of above terms; no costs.

Orders

  • Petitioner permitted to continue mining operations till 30th November, 2017 in accordance with Mining Plan and must implement mine closure plan.
  • Petitioner obligated to pay dead rent or royalty whichever is higher till 30th November, 2017.