The Punjab and Haryana High Court on Monday refused to stay the proposed auction of mining sites in Sirohi and Khori Jamalpur in Faridabad district for extracting road metal and masonry stone. The auction is to take place on Tuesday.
The court also refused to grant any immediate relief to Faridabad Gurgaon Minerals Ltd,whose seven-year mining lease for Sirohi and Khori Jamalpur expired on February 5. The counsel for the two mines contended for a stay over the auction,saying a petition is already pending in the High Court and that the auction might adversely affect the companys rights.
The main petition filed by the company seeking extension of lease has been adjourned. As per the petition,the company held two mining leases for extraction of stone and ordinary sand minor minerals in Khori Jamalpur and Sirohi villages for seven years.
The Haryana government has already rejected the August 28,2008 representation of the company seeking renewal/extension of the mining leases. The company had subsequently challenged the omission of Rule 18 of Punjab Minor Minerals Concession Rules 1964 providing for renewal of mining leases. The petitioner had also prayed for direction to the Haryana government to decide their representations of December 14 and 26,2008 for extension of leases in lieu of the reduced area for mining operations.
In its application,the company today sought directions to the state authorities for not dispossessing it till the company removes its property,or for three months from February 5 whichever was earlier. The company had also demanded that the state government should be restrained from creating any third party rights in areas during this period to avoid any complication.
The petitioner took the plea that it has deployed a large number of heavy earth-moving machinery,including 17 computerised weigh bridges on the access roads to the two mines. The value of the machinery runs into crores,the mining companys counsel told the court. As per the application,assistant mining engineer,Faridabad,had officially informed the petitioner on February 4 that he would take over the possession of leasehold areas on the midnight of February 5. The assistant mining engineer also directed the company to remove all machinery with immediate effect.