M/S Jai Yamuna Ji Developers v. Union Of India And Others
CWP-36355-2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP-36355-2019 Date of decision : 04.02.2020 M/s Jai Yamuna Ji Developers ....Petitioner V/s Union of India & ors.
....Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:
Mr. Sanjiv Gupta, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) Petitioner has sought a writ in the nature of mandamus to direct the respondents to consider his request for waiving off the additional amount of reclamation/restoration under clause 26 Part-III of the contract agreement, dated 17.11.2014, Annexure P-2 on Form MC-1 of Haryana Minor Mineral Concession, Stocking and Transportation of Mineral and Prevention of Illegal Mining Rules, 2012. At the outset, learned counsel for the petitioner submits that he made a detailed representation, Annexure P-14. However, no decision has been taken thereon.
Notice of motion.
\ On the asking of court, Mr. Ankur Mittal, Addl. A.G. Haryana, who is present in court, accepts notice. He submits that petitioner moved a similar representation earlier which was rejected by a speaking order in the year 2016. His plea made to Director General, Mines and Geology, Haryana was also rejected AJAY KUMAR 2020.02.05 15:00 I attest to the accuracy and authenticity of this document
CWP-36355-2019 vide order, Annexure P-6. Petitioner did not impugn the said order though remedy of appeal is provided under the Act.
There is no dispute with regard to the fact that petitioner deposited the amount demanded after order, Annexure P-6 was passed. At this stage, learned State counsel submits that fresh representation filed by petitioner shall be considered by the concerned authority within a period of six weeks. In view of statement made by State counsel, no further direction is necessary. Petition is hereby disposed off.
(RAJAN GUPTA) JUDGE February 04, 2020 (KARAMJIT SINGH) Ajay JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No AJAY KUMAR 2020.02.05 15:00 I attest to the accuracy and authenticity of this document