HC seeks replies from State, Centre on petition challenging exclusionary Mining Lease actions
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Shimla, Dec 4,
The Himachal Pradesh High Court has issued notices to the State Government, its Geological Wing, and the Union Government on a petition alleging that exclusionary administrative practices were adopted to deny renewal and allotment of a mining lease pending for several years. A division bench of Justice Vivek Singh Thakur and Justice Romesh Verma passed the order on December 1 while hearing CWP No. 14797 of 2025, directing all respondents to file their replies within four weeks. The matter has been listed for next hearing on March 10, 2026.
The petitioner has challenged three orders: the cancellation of the lease on December 24, 2009, the rejection of the renewal request on May 23, 2012, and the latest rejection issued by the State Geologist on March 3, 2024. These orders, according to the petitioner, are arbitrary, non-speaking, and were issued without affording a proper hearing either to the petitioner or to the erstwhile transferee, Jalam Singh. It has been alleged that the authorities invoked compulsory auction norms under competitive bidding to block the renewal, despite statutory safeguards available to existing leaseholders.
Central to the complaint is the contention that the Geological Wing has been following exclusionary practices through internal policies and reservations that effectively prevent the petitioner from being considered for continuation of the lease under Section 8A of the Mines and Minerals (Development and Regulation) Act, 1957. The petitioner argues that Section 8A(3) provides for automatic extension of subsisting leases, and therefore the State Government could not abruptly subject the mine to competitive bidding without first establishing lawful termination through due process.
The rejection order of March 3, 2024, the petitioner asserts, misapplies the competitive bidding framework and overlooks the statutory reservation roster and extension provisions that govern the renewal and grant of minor mineral leases. Along with seeking quashing of all three impugned orders, the petitioner has also sought restoration and extension of the lease, as well as directions for timely disposal of pending forest and mining permissions required for its operation.
While issuing notices, the High Court condoned the delay in refiling and exempted the petitioner from producing English translations and typed annexures at this stage, allowing the matter to proceed without procedural hindrances. The respondents are expected to place their replies on record within the stipulated timeline before the case is taken up again on March 10, 2026.
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