Document Fragment View

Matching Fragments

(b) The respondents be restrained from recovering any other amount towards NPV under the notification dated 01.04.2015 (Annex.4) or otherwise.
(c) That the mining department be held responsible for deposit of NPV under the said notification dated 01.04.2015 (Annex.4) or otherwise.
(d) That the amount deposited by the petitioner as NPV under the notification dated 01.04.2015 (Annex.4) or otherwise may be ordered to be refunded with interest.
(e) Any other order or direction which the Hon'ble Court feels appropriate in favour of the petitioner in light of justice, equity and good conscience may also be passed.
20. Learned counsel for the petitioners also submitted that the Forest Department vide its letter dated 06.07.2018 informed the Mining Department that Rs.8,79,53,196/- of the total NPV was to be deposited for diversion of the forest land in the shape of second installment before 28.02.2019.
21. Learned counsel for the petitioners further submitted that such demand for the second installment of the NPV was (14 of 26) [CW-2824/2019] contrary to law, as even if the petitioners were to pay the NPV amount, the same could not be beyond the individual lease holding of theirs, whereas they are being charged towards the vacant/surrendered/non-functional mining leases and also for the common area, which is being utilized commonly by the cluster members.
4)
8. Forest area of mining leases 67.3428 hectare interested in extension of validity period of diversion
9. Demand of NPV (@6,26,000/- per 17,59,06,000/-

hectare) raised by the State Forest department for extension of validity period of diversion (Annexure-5)

10. Amount of NPV which will be 9,56,95,466/- deposited by the interested lease holders (Area 67.3428 hectare x 2.27 x 6,26,000/-)

11. Balance amount of NPV of 8,02,10,534/-

29. Learned Additional Advocate General has also pointed out Annexure-R/1/10 and Annexure-R/1/11 dated 01.09.2017 and 07.09.2017 respectively whereby the decision was taken so as to permit those of the mining lease holders, who wanted to relinquish their mining lease, to do so, if they were not inclined to pay the NPV in accordance with the latest policy of the respondents.

30. Learned Additional Advocate General further submitted that the petitioner is one of the 136 mining lease holders in the cluster area of 281 hectares situated in Gram Oadwas, Tehsil Kherwada, District Udaipur and has filed this writ petition praying for quashing of demand notice dated 08.01.2019 for payment of NPV amount for extended of period of validity for approval accorded under Section 2 of the Forest Conservation Act, 1980 so as to make it co-terminus with the period of mining lease; further direction has been sought to be issued to the respondents to restrain them from recovering NPV amount from the petitioner in pursuance of notification dated 01.04.2015 and to refund the amount already paid.