Mining Leases - Subsistence, Renewal And Deemed Extension

The much awaited and anticipated judgment in the tagged matters of Common Cause v Union of India & Ors. [Writ Petition (Civil) No 114 of 2014] and Prafulla Samantra & Anr v Union of India & Ors [Writ Petition (Civil) No 194 of 2014] regarding the mining of iron ore in the State of Orissa, was pronounced by the Hon'ble Supreme Court of India (Court) on 4 April 2016 (Judgment).

The Court in this Judgment has exhaustively addressed the issue of legitimacy of claims raised by the mining leaseholders to recommence mining operations, in furtherance of the order dated 16 May 2014, whereby the Court, on account of absence of clearances/approvals/consent from concerned authorities, had restrained 102 mining leaseholders from carrying on any mining operations. The intricate question to be considered by the Court, was whether the applicants, seeking revocation of the above-mentioned order of restraint/suspension, retain a valid mining lease (ML) and a consequent subsisting