IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11239 of 2011 M/S Vijeta Construction Ltd., West Morabadi Maidan, Ranchi, represented by authorized representative Kumar Arun Sinha son of Ram Prasad Sinha, resident of Mohalla Mohanagar, P.S. Kotwali, District Gaya ………… Petitioner Versus The State Of Bihar & Ors …………Respondents 2 19.8.2011 The petitioner seeks a direction to the respondent authorities to permit the change in location of site in Licence No.164 of 2008 issued under section 7 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 to proposed site appertaining to Khata No.116, 163, 130, 159, 14 Khesra No.770, 948, 768, 950 and 969 covering an area of 5.07 acres situated at Mouza Lodhipur, P.S. Mufassil in the district of Gaya. The petitioner is a public limited company incorporated under the Companies Act and has been granted contract by the Road Construction Department for widening of Gaya Daudnagar Road, Manpur Hulasganj Road, Kadri Chainari Road etc. As the project required large quantity of stone chips of high quality, the petitioner company entered into a Mining lease for supply of stone boulders. The petitioner applied for a captive crusher unit for making stone chips and its storage. The petitioner was issued stone stockiest licence under Rule 7 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 for the crusher unit vide licence no.164/2008 contained in letter no.436/Mines, Gaya dated 28.3.2008 for 7 years at Mouza Pindara, P.S. Guruwa in the district of Gaya over plot nos.04, 86 and 76 having an area of 7.43 acres at a total licence fee of Rs.87,00,000/- to be paid in 7 equal installments. No longer the crusher unit started functioning, the petitioner 2 company began to face demand of extortion and levy from Moists and extremists group. On 22.10.2008 a large number of extremists raided the company’s plant and robbed the belongings of the staff and burnt theHaiwa machine. An F.I.R. to the aforesaid effect was lodged being Gurua P.S. Case No.63 of 2008 which is at Annexure-2. The trouble of the company did not rest there and on 24.7.2010 the Moists burnt the Poklin Machine and Haiwa vehicle and threatened the staff with dire consequences if levy money is not paid. Again the matter was reported to the police and on self statement of S.I. Sawaliya Sharma, S.H.O., Gurua P.S. an F.I.R. was registered vide Sherghati (Gurua) P.S. Case No.76 of 2010 under sections 147, 148, 149, 435 and 427 of the Penal Code and section 17 of the C.L.A. Act. The petitioner submits that it became very difficult to continue the crushing work from the allocated site at Pindra in Guruwa P.S. and the fear of death and destruction roomed large and as such the Company began to look out for an alternative site. The company got one such site at Lodhipur, P.S. Mufassil, District Gaya bearing plot nos.116, 163, 130, 159 and 14, Kheshra No.770, 948, 768, 950 and 969 covering an area of 5.07 acres and entered into an agreement with CST Industries. The petitioner applied and also got No Objection Certificate from the Bihar State Pollution Board for setting up a crushing unit vide letter no.T-7960 dated 29.7.2010 contained in Annexure-5. Having done the aforesaid formalities, the petitioner company applied for change in location of the site contained in licence no.164/08 before the Mining Officer, Gaya to Lodhipur, P.S. Mufassil, District Gaya, who in turn referred the matter to the District Magistrate, Gaya for the needful. The District Magistrate after noticing the genuine difficulty faced by the petitioner’s company on account of Moists and extremists activities 3 sought guide lines from the Principal Secretary, Mines and Geology, Bihar, Patna as according to him, Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 did not contain a provision for change of site of stone crusher unit and storage. The petitioner states that the respondents ought to have granted permission for change of the site particularly in view of the exceptional circumstances that the petitioner’s unit time and again suffered attacked from extremists, which in turn is hampering the contract work of widening of road awarded by the Road Construction Department. The petitioner further asserts that in identical circumstances the Assistant Director, Mines, Gaya allowed shifting of crusher unit and storage of M/s Arvind Stone Works bearing stone stockiest licence no.87/2103 vide letter dated 19.8.2007 contained in Annexure-9 to the supplementary affidavit. The petitioner submits that section 21 of the General Clauses Act, 1897 confers power to issue, to include power to add to, amend, vary or rescind, notification, orders or bye-laws. The departments of Mines has filed a counter affidavit and submitted vide paragraph 19 that the request of shifting of location of licence is under consideration of the respondents. I have heard learned counsel for the petitioner and the State. The petitioner has been granted contract of road construction in Gaya Division by the Road Construction Department. The petitioner applied and has been granted stone stockiest licence no.164/08 for Mouza Pindara in Gurua P.S. in the district of Gaya. The petitioner’s unit time and again has come under Moist and extremists attack for which two F.I.Rs namely Gurua P.S. Case No.63 of 2008 and Sherghati (Gurua) P.S. Case No.76/10 have been 4 instituted. The District Magistrate, Gaya in his letter no.1405/Mines dated 28.9.2010 noted that the petitioner has paid all the two installments which were due, but at the present the operation of crusher unit has been closed on account of extremists attacks. The District Magistrate observed that in the circumstances the petitioner wants to shift the location of site from Mouza Pindara to Lodhipur. The Collector also noticed that the petitioner company has taken due permission for establishing crusher unit at the site sought being plot nos.116, 163, 130, 159 and 14, Kheshra No.770, 948, 768, 950 and 969 in Mouza Lodhipur. It appears that the letter of the District Magistrate is pending consideration of the authorities since September, 2010 for more than ten months and on account of extremists activities the operation of crushing unit has come to a grinding halt which in turn would slow the progress of the widening of the road project as well, awarded to the petitioner by the Construction Department. Having considered the facts and circumstances of the case and on going through the materials on record, I direct the Principal Secretary, Mines and Geology, Bihar, Patna (Respondent no.1) to dispose of the matter contained in the letter of the District Magistrate, Gaya dated 28.9.2010 bearing no.1405/Mines regarding desirability of shifting of location from Pindra, Gurua to Lodhipur within four weeks from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition stands disposed of. KHAN (S.P.Singh,J)