Madhya Pradesh High Court
Mukesh Yadav vs Union Of India on 23 June, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 23rd OF JUNE, 2022
WRIT PETITION No. 15399 of 2020
Between:-
MUKESH YADAV S/O LATE SHRI RAMCHANDRA
YADAV, AGED ABOUT 42 YEARS, OCCUPATION:
SOCIAL WORKER 113 YADAV MARKET
AIRPORT ROAD INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI BRIAN D'SILVA - SENIOR ADVOCATE WITH SHRI
SARABVEER OBEROI - ADVOCATE )
AND
1. UNION OF INDIA THROUGH SECRETARY
MINISTRY OF ENVIRONMENT FOREST AND
CLIMATE CHANGE, INDIRA PARYAVARAN
BHAWAN, JOR BAGH ROAD, NEW DELHI
(DELHI)- 110003
2. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, MINERAL RESOURCES
D E PA R T M E N T, MANTRALAY, VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
3. THE CHIEF CONSERVATOR OF FOREST,
DEPARTMENT OF FOREST, M.P. AADAR TAL,
SATPUDA BHAWAN BHOPAL (MADHYA
PRADESH)
4. THE PRINCIPAL SECRETARY, REVENUE
D E PA R T M E N T MANTRALAYA, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
5. THE DIRECTOR, GEOLOGY AND MINING
Signature Not Verified
SAN DEPARTMENT, 29-A KHANIJ BHAWAN, ARERA
HILLS, BHOPAL (MADHYA PRADESH)
Digitally signed by CHRISTOPHER PHILIP
Date: 2022.06.25 12:07:17 IST
6. THE COLLECTOR (MINING DEPARTMENT),
2
COLLECTOR'S OFFICE, DISTRICT KHANDWA
(MADHYA PRADESH)
7. THE DISTRICT FOREST OFFICER, CIVIL LINES,
KHANDWA (MADHYA PRADESH)
8. SUB DIVISIONAL OFFICER, (REVENUE
KHANDWA), KHANDWA (MADHYA PRADESH)
9. SUB DIVISIONAL OFFICER, GENREAL FOREST
D I V I S I O N , DISTT. KHANDWA (MADHYA
PRADESH)
10. THE MINING OFFICER, KHANDWA
COLLECTOR'S OFFICE, KHANDWA (MADHYA
PRADESH)
11. TEHSILD AR , SINGOT, DISTRICT KHANDWA
(MADHYA PRADESH)
12. ASSISTANT SUPERINTENDENT, LAND RECORD,
REVENUE DEPARTMENT, DISTRICT KHANDWA
(MADHYA PRADESH)
13. SHRI AMAN KANOJIYA S/O SHRI ASHOK
KANOJIYA R/O GANESH TALAI NEAR MOSQUE,
WARD NO. 2, DISTRICT KHANDWA (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL AND SHRI
SUYASH THAKUR - GOVERNMENT ADVOCATE FOR
RESPONDENTS NO.2 TO 12 AND SHRI SAMDARSHI TIWARI -
ADVOCATE FOR RESPONDENT NO.13 )
This petition coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
This petition has been filed seeking to quash the order dated 04.10.2018 (Annexure P/15) passed by the respondent No.6- Collector, Khandwa, by which a mining lease has been granted to respondent No.13 over an alleged Signature Not Verified SAN forest land.
Digitally signed by CHRISTOPHER PHILIP Date: 2022.06.25 12:07:17 ISTHowever, on considering the objections raised by the contesting 3 respondents and the State, it could be seen that the mining lease has been granted on the basis that the land has been converted to a "Pahad Chattan". The material on record would also indicate that the land was originally "Chhote Bade Jhad Ka Jangal", which was subsequently changed to "Pahad Chattan". The grant of mining lease is only as a consequence to change of the land use and the process of settlement. Therefore, we are of the view that since the impugned order is only a consequential order, the petitioner would be well advised to challenge the orders passed in the settlement.
Hence, the writ petition is dismissed with liberty to the petitioner to challenge the same in the manner known to law.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
C
Signature Not Verified
SAN
Digitally signed by CHRISTOPHER PHILIP
Date: 2022.06.25 12:07:17 IST