Sohan Lal vs. Union of India & Anr.. (D.B.Civil Special Appeal(W) No.515/99) Date of Order:- 26.08.2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE SANGEET LODHA Mr. D.D.Thanvi, for the appellant. Mr.N.M.Lodha, Additional Advocate General for the State. Heard counsel for the parties. This appeal is directed against the order dated 17.2.99 passed by the learned Single Judge of this Court in its writ jurisdiction, dismissing the writ application. It appears that the order as contained in Annexure 3, dated 28.1.97, passed by the state authorities was challenged in writ jurisdiction. By Annexure 3, renewal of mining lease for mineral asbestos was declined in view of the ban imposed by the Central Government for such mining operations. It is submitted by the learned counsel that putting ban on exploration of the mining asbestos is under active consideration of the Central Government and decision is likely to be taken lifting the ban. It appears that in view of the Circular issued by the Central Government dated 9th July,1986, a complete ban was put on mining of asbestos, as the same was found to be hazardous to public health. The prayer made on behalf of the writ petitioner for renewal of such mining lease therefore, was 2 rejected, keeping in view, the circular of the Central Government, as referred to above. The learned Single Judge of this Court, keeping in view, this aspect of the matter and the earlier judgment of a Bench of this court, as rendered in D.B.Civil Special Appeal No.724/94 “Heera Lal vs. Union of India & Ors”, dismissed the writ application. The earlier judgment rendered by this Court, as referred to above, was also based on the circular issued by the Central Government. The findings recorded by the learned Single Judge of this Court in this back ground therefore, in our view, cannot be faulted. However, in case, the Central Government takes a decision lifting such ban on mining of asbestos, the writ petitioner- appellant may apply for grant of fresh lease, which would be considered and disposed of in accordance with law. With these directions and observations, this appeal accordingly is disposed of. (SANGEET LODHA),J. (NARAYAN ROY) CJ. Aditya/-