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14. By a letter dated 22.5.2023, the Mines Officer wrote a letter to the petitioner in respect of the application for surrender of lease asking him to submit a 'No Objection' with regard to the transfer of environment clearance certificate and to submit 'No Dues Certificate' with regard to mining.

15. The application dated 18.5.2023 filed by the petitioner before the District Magistrate seeking surrender of the lease states that in case the security amount is forfeited, he would have no objection. The Mines Officer by its letter of 22.5.2023 to the petitioner has mentioned that the aforesaid two documents pursuant to the application for surrender dated 18.5.2023 are awaited. By means of a letter dated 26.5.2023, the petitioner purportedly complied with the aforesaid letter dated 22.5.2023 sent by the Mines Officer. In this letter of 26.05.2023 the petitioner submitted the treasury challan dated 25.5.2023 which was the balance amount of instalment due for the month of April 2023 (that is, the fifth instalment), and, an affidavit containing no-objection with regard to the Environment Clearance Certificate.

22. The provision of surrender of mining lease was inserted by Rule 29-A in the Rules, 1963 by means of the Uttar Pradesh Minor Minerals (Concession) (Forty Seventh Amendment) Rules, 2019 which was notified on 13.08.2019. It read as under:-

"29-A. Surrender of Mining Lease- Lease holder, on the intended day of surrender, shall submit over and above security deposit, an amount equivalent to 25% of the annual installment of that year and apply for surrender along with the following documents-

23. Now, Rule 30 of the Rules, 2021 provides for surrender of mining lease and it reads as follows:-

"30. Surrender of Mining Lease- Lease holder, on the intended day of surrender, shall submit an amount equivalent to twenty-five percent of the annual instalment of that year which may be adjusted against the security deposit and apply for surrender along with the following documents-
(a) no objection for transfer of Environment Clearance Certificate obtained for the concerned lease area in favour of the State Government or subsequent proponent.

28. Evidently, the instalments were fixed in the lease deed as per Schedule V of the Rules. The application for surrender of mining lease is required to be considered under Rule 30 of the Rules, 2021. Therefore, lease holder has to ensure that on the day of the intended surrender, an amount equivalent to 25 percent of the annual instalment of that year is submitted by him which may be adjusted against the security deposit. Two documents are required to be furnished along with the surrender application. One is a document declaring no objection for transfer of Environment Clearance Certificate6 obtained for the concerned lease area in favour of the State Government or subsequent proponent. Secondly, the application for surrender is to be accompanied by a certificate of money deposited for difference between quantity mentioned in the ECC and mined out quantity or in case of no difference, a certificate in this regard for the concerned lease deed issued by the competent officer/Inspector. In the last paragraph of Rule 30, the consequences of such an application being filed are mentioned. It reads that in accordance with the above, the lease holder will be prohibited from carrying out mining activities from the date of application for surrender of lease and the area will be deemed to be vacant.