I wish to obtain a mining lease for limestone in Dwarka; what is the procedure under the Mines and Minerals Act and what approvals are required?
KA Asked by Karthik Subramaniam from India
Quick Answer
A mining lease for limestone is granted under the Mines and Minerals (Development and Regulation) Act, 1957, and the Mineral concession Rules, 2016, by the State Government with prior approval of the Central Government for specified minerals.
Detailed Legal Analysis
A mining lease for limestone is granted under the Mines and Minerals (Development and Regulation) Act, 1957, and the Mineral concession Rules, 2016, by the State Government with prior approval of the Central Government for specified minerals. The application must be filed with the State Government in the prescribed form, accompanied by a mining plan approved by the IBM, an environmental clearance, and consent from the pollution control board.
The lease is granted through auction unless covered by exceptions. The Delhi High Court may be approached if the lease is arbitrarily rejected or if the auction process is vitiated.
The Delhi Rent Control Act 1958 on mineral concession may have additional state-specific rules and royalty structures. The lease is typically granted for fifty years, extendable for twenty years.
Compliance with the lease conditions, royalty payment, and environmental norms is mandatory.
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