LI Network
Published on: November 27, 2023 at 16:50 IST
The Allahabad High Court overturned an order of blacklisting and cancellation of a mining lease, stressing the importance of following principles of natural justice to uphold the rule of law in a civilized society.
The petitioner, who had been granted a 10-year lease for mining and crushing stone, received a notice alleging illegal mining outside the leased area, resulting in a demand of Rs.1,70,06,000.
Initially directed to respond to the notice, the petitioner was later blacklisted for two years, and the lease was canceled by the impugned order without affording the petitioner an opportunity to be heard.
The bench, comprising Justices Siddhartha Varma and Shekhar B. Saraf, remarked, “It may seem to a few that the observance of the principles of natural justice is a cumbersome process but we do find that in a civilized society if the rule of law has to be there then the principles of natural justice should compulsorily be followed.”
Citing the Supreme Court decision in The Board of High School and Intermediate Education, U.P. and others vs. Kumari Chitra Srivastava and others, the petitioner’s counsel argued that the absence of a hearing constituted a violation of natural justice, justifying the setting aside of the impugned order.
The court called upon the District Magistrate, Sonbhadra, to provide an affidavit explaining the hurried issuance of the cancellation and blacklisting order.
The District Magistrate claimed that the High Court’s order was not presented to him, asserting that the petitioner was a persistent trespasser, justifying the cancellation and blacklisting.
In light of the Kumari Chitra Srivastava judgment, the court emphasized that the breach of natural justice principles warranted the annulment of the cancellation and blacklisting order. It was noted that the District Magistrate had disregarded the court’s order, passed in the presence of the Standing Counsel.
“This order was passed in the presence of the learned Standing Counsel yet the District Magistrate had absolutely, not only flouted the order of this Court but had also, not cared to wait to get a reply of the petitioner.”
Consequently, the court directed the immediate reinstatement of the petitioner’s right to operate on the leased land and instructed the petitioner to submit a fresh reply within one week.
The District Magistrate was directed to adjudicate on the reply after granting a personal hearing to the petitioner.
Case Title: Maa Vindhya Stone Crusher Company v. State of U.P. and Another, WRIT-C No. 25003/2023
