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| HC restrains from issuing license for mining leases | | | Early Times Report
Jammu, June 20: In a petition filed by Radha Krishan and Ors challenging the vires of Rule 52 and Rule 27 of the Jammu and Kashmir Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 (for short the rules of 2016) promulgated vide SRO 105 of 2016 dated 31.03.2016, Vacation Judge of J&K High Court Jammu Wing Justice Sanjeev Kumar after hearing Sr. Adv MK Bhardwaj with Advocate Gagan Kohli for the petitioners, admitted the petition for hearing and issued notice to the respondents returnable within four weeks. Meanwhile, subject to objections and till next date of hearing, it is provided that no license for mining leases and quarries shall be granted by the competent authority, otherwise than by the mode of e-auction.
During the course of hearing Sr. Adv MK Bhardwaj submitted that contends that in terms of offending Rule 52, the raining leases and quarry licenses are provided to be granted only through a process of Open Auction by the competent authority, whereas in terms of definition given in Section 2 (XLV1II), the Open auction/e-auction have been defined to mean bidding by various competitors online or through physical presence before the auction committee for grant of mineral concessions. It is, thus, contended that Section 52 of the rules of 2016 excludes the grant of mining license through e-mode which as on date is the most potent and transparent mode of distribution of largess by the State and to avoid forming of cartel.
After hearing Sr. counsel for the petitioner and per perused the rules, Justice Sanjeev Kumar observed that the view that the writ petition raises the debatable questions admit the petition for hearing. |
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