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Madhya Pradesh High Court

Smt.Dhanwanti Devi vs The State Of Madhya Pradesh on 30 September, 2014

                                                 Writ Appeal No. 4430/2014

                               Smt. Dhanwanti Devi
                                        Vs.
                             State of M.P. and others.
30/9/2014
       Shri Arvind Dudawat, Advocate for the petitioner.
       Shri     Raghvendra     Dixit,   Government       Advocate   for   the
respondents.

Heard.

The grievance of the petitioner is that the petitioner has already submitted Mines Closure Plan, hence, petitioner be permitted to lift the mineral which was extracted up to 31/3/2014 from the area in question.

Petitioner was granted lease for extraction of Iron Ore from the quarry situated at land bearing Survey No. 378 of Village Satau, area 0.500 Hectare which was valid up to 3.4.2022. Petitioner has closed the mining activities and has also submitted closure plan.

Now, the grievance of the petitioner is that she be permitted to lift and transport the mineral which was extracted till 31.3.2014.

The respondents have filed the return and it is pleaded that there are dues of Rs. 5,40,000/- against the petitioner, out of which petitioner has paid Rs. 1,00,000/-. It is further submitted by the learned Government Advocate that if petitioner deposit remaining amount she can be permitted to lift and transport the mineral which was already extracted by the petitioner.

In this view of the matter, this petition is disposed of with the following directions:

Writ Appeal No. 4430/2014
Petitioner shall deposit the remaining amount Rs. 4,40,000/- within period of 30 days from the date of receipt of this order.
After depositing the amount, petitioner be permitted to lift and transport the minerals which was extracted by her upto 30th March, 2014. For the aforesaid purpose the Collector or the Minning Authority or the representative of the Collector shall visit the mining spot and verify the extracted minerals available on the spot during the validity of period of mining operation.
Petitioner shall not be permitted to carry out the mining operation under the guise of this order by the authority.
Accordingly, this petition stands disposed of. 
                (S.K. Gangele)                              (S.K. Palo)
                 JUDGE                                       JUDGE


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