ALLAHABAD: Allahabad High Court on Thursday vacated its interim order of May 12, 2017, whereby it had banned mining operations in Sonebhadra district of the state.While hearing a PIL filed by All India Kaimoor Peoples Front, a division bench comprising Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery directed that the respondents may be permitted to go ahead with the mining operations in pursuance of the lease granted.The court directed the respondents, i.e., mine operators, that while undertaking mining operations they shall maintain complete record of the mineral excavated and the royalty paid to the state government on a monthly basis.Further, they shall also file monthly returns relating to excavation of the minor mineral and the royalty paid to the state government before the director, geology and mining, Lucknow, who in turn shall file a complete statement of returns before the court, if asked for.The court passed the above directives while vacating the interim order. “Having considered the entire issue from all aspects, we are of the view that continuance of the interim order is causing huge loss to the state revenue, therefore, it would not be appropriate to keep that in currency and more. The main contention of the petitioner is also to protect the state revenue. This anxiety of the petitioner can very well be satisfied by putting necessary checks on private respondents,” the court observed.It was submitted by the counsels appearing on behalf of the respondents (mine operators) that they have spent a huge sum for excavation of mineral in pursuance of the lease deeds executed in their favour and as such the interim order is causing irreparable loss and injury to them.It was also stated that the respondents shall be liable to pay royalty on excavated minor mineral and, on the basis of that, the total amount of excavated minor mineral can very well be qualified. In the event of acceptance of the writ petition, the loss caused to the state exchequer, if any, can very well be compensated in monetary terms. The interim order, therefore, deserves to be vacated. The interim order, if remains in currency, would be causing huge loss to state revenue also.Earlier, in the year 2017, the petitioner had filed the present writ petition seeking an order to restrain the then state government headed by Samajwadi Party from granting mining lease in respect of minor minerals by any procedure other than the procedure of e-tendering prescribed under Chapter IV of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963.The petitioner had challenged the advertisement dated January 30, 2016, issued by the DM of Sonebhadra, who had invited tenders ignoring the previous rules prescribed by the state government.

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