The Uttarakhand high court has stayed the new mining rules (Uttarakhand Minor-Minerals Minor-Minerals (Concession) (Amendment) Rules, 2021) notified by the state government on October 28 last year.
The court has also issued notices to state government, director geology and mining unit (under industries department), district mining officer Nainital and sub-divisional magistrate Nainital. The respondents have been directed to reply to the notices within four weeks.
The division bench of acting chief justice SK Mishra and Justice Alok Kumar Verma gave these directions on Thursday while hearing a petition filed by Nainital-based Satyendra Kumar Tomar in December last year.
The petitioner said: “The notification is an attempt to indulgingly convert state mining policy of competitive bidding into a mutual consent cum recommendation.”
According to the petition, the notification was violative of Article 14, 19(1)(g) and 21 of the Constitution of India, as it provides for allotment of mining leases by way of recommendatory procedure rather than by way of competitive bidding in total disregard of the State Mining Policy of 2017.
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