See Full Document Text
[
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Mines and Minerals – Transfer of Mining Lease held by Sri S.V.Siva Reddy for Iron Ore over an
extent of 148.741 Hect.(367.54 acres) in S.No.874/P, Thummaluru (V), Pendlimarri (M), Y.S.R
District in favour of M/s. Pacific Mining Products Pvt.Limited represented by Sri Sudesh K.Jain for
the unexpired portion of the lease period upto 13.12.2027 – Permission – Accorded.
----------------------------------------------------------------------------------------------------------------------
INDUSTRIES AND COMMERCE (M-III) DEPARTMENT
G.O. Ms.No.44 Dated:18.02.2012.
Read the following:-
1. G.O. Ms. No.55, Ind. & Com. (M-III) Dept., dated 03.03.2006.
2. From Sri S.V.Siva Reddy notarized affidavit, dated 31.8.2010, 25.9.2010 & 29.9.2010.
3. From M/s. Pacific Mining Products Pvt.,Limited notarized affidavit, dated 31.08.2010
4. From Director of Mines & Geology, Hyderabad, File No.51192/ R5.2/2010,
dated 10.12.2010, 09.02.2011, 02.04.2011,17.05.2011,26.7.2011 and 20.08.2011.
5. Govt.Memo.No.18216/M.III(1)/2010-1, dated 20.08.2011 & 26.09.2011.
6. From Director of Mines & Geology, Hyderabad Letter No.51192/ R5-2/2010,
dt.30.12.2011.
***
O R D E R:
In the reference 1st read above, a Mining Lease was granted for Iron Ore over an extent
of 148.741 Hects.(367.54 Acres) in Sy.No.874/P, Thummaluru (V), Pendlimarri Mandal,
YSR District for a period of 20 years in favour of Sri S.V. Siva Reddy. The Mining Lease deed was
executed on 14.12.2007 and the lease will be in force upto 13.12.2027.
2. In the reference 2nd read above, the transferor i.e., Sri S.V.Siva Reddy submitted an
affidavit on non-judicial stamp paper stating that, the mining operations in the area granted
under mining lease requires huge capital investment for development and winning of the mineral
and due to financial problems he has decided to transfer the Mining Lease held by him for Iron
Ore over an extent of 148.741 Hectares in S.No. 874/P of Thummalur Village, Pendlimarri
Mandal, Y.S.R. District in favour of M/s. Pacific Mining Products (P) Limited, represented by
Sudesh K.Jain, Director for a consideration of Rs.25.00 lakhs which is actually incurred in
development of the mine and towards cost of plant and machinery existing at the mine head and
that there is no speculation involved in the transaction.
3. In the reference 3rd read above, the transferee M/s.Pacific Mining Products Pvt., Limited
represented by Sri Sudesh K. Jain, Director, submitted a notarized affidavit stating that the
Company is willing to take the mining lease on transfer held by Sri S.V. Siva Reddy. Further
M/s. Pacific Mining Products (P) Limited further given an undertaking to accept all the liabilities if
any and arrears payable by Sri S.V. Siva Reddy at the time of Transfer of the Mining Lease.
4. In reference 4th read above, the Director of Mines and Geology stated that the
Asst.Director of Mines and Geology, Kadapa reported that the mining Lease area under transfer
has been inspected by the Royalty Inspector and reported that at the time of inspection the mine
is found not working. The lease holder developed a huge pit of uneven width and depth in North
Western portion of the leased area to extract Iron Ore. Apart from the huge pit there are
(12) pits with measurements ranging from 12x2.5x2.5 Mts. to 5x5x4 Mts. in other parts of the
leased area. There is an un- segregated stock of Iron Ore of about 16,400 MT lumps and
17,000 MT’s of Iron Ore fines lying at various parts of the leased area. The lessee digged bore
hole to a depth of 60 feet to evaluate the availability of mineral. The lease boundaries were
erected around the area in the form of pillars. There is one abandoned crusher observed at the
mine site. The Mining Lease area under transfer has been check surveyed by the surveyor on
17.8.2010. Further, after check survey of the area, the surveyor reported that there are no
encroachments found around the leased area. The surveyor verified the leased boundaries on
ground with the granted sketch and confirmed that there is no variation found on the ground.
Also stated that the lessee has paid all the dues and furnished original challans to the ADMG,
Kadapa for the amount payable as on 31.3.2010 except Rs.53,40,550/- towards Cess on M.B.L
which was not paid on the ground that the Hon’ble Supreme Court of India granted “Stay” vide
Special Leave Petition (C) No.3849 of 2006 on the operation of G.O.Ms.No.312 dated 12.11.2006
which imposes Cess on M.B.L. for Iron Ore. Sri S.V.Siva Reddy produced the Mineral Revenue
Clearance Certificate issued by the Deputy Director of Mines & Geology, Kadapa valid upto
(P.T.O)::2::
30.9.2010. M/s. Pacific Mining Products Private Limited submitted a notarized affidavit stating
that the Company did not hold any P.L./M.L./Q.L. in the State of Andhra Pradesh and hence they
are not in mineral revenue dues to the Government. Further, M/s.Pacific Mining Products (P) Ltd.,
submitted a notarized affidavit on the mineral revenue dues towards Cess on M.B.L.
Rs.53,40,550=00 payable by Sri.S.V.Siva Reddy stating that they will bind by the final judgment
of the Hon’ble Supreme Court of India on the payment of amount. The Director of Mines and
Geology also stated that earlier the lease holder Sri.S.V.Siva Reddy submitted an affidavit
dt.08.07.2011 and requested to reject his earlier application dt.8.7.2010 in which Transfer of
Mining Lease was filed in favour of M/s.Archit Infratech (P) Limited. The Director of Mines and
Geology has also forwarded the details of annual dispatch permits issued in respect of Mining
Lease for Iron Ore over an extent of 148.741 Hect. (367.54 Acres) in Sy.No.874/P of Thummalur
Village, Pendlimarri (Mandal), Y.S.R. District held by Sri S.V. Siva Reddy since execution of the
lease deed, vide references 4th and 6th read above.
5. The Director of Mines & Geology has requested the Government to accord permission
under rule 37 of M.C. Rules, 1960 for transfer of Mining Lease held by Sri.S.V.Siva Reddy for
Iron Ore over an extent of 148.741 Hectares (367.54 Acres) in Sy.No.874/P of Thummalur
Village, Pendlimarri Mandal, Y.S.R.District in favour of M/s.Pacific Mining Products Pvt.Limited
represented by Sri Sudesh K.Jain for the un-expired portion of the lease period i.e., upto
13-12-2027 subject to the provisions of Mines & Minerals (D&R)Act,1957 and M.C.Rules,1960.
Also requested to reject the earlier transfer mining lease application dt. 8.7.2010 filed by
Sri S.V. Siva Reddy in favour of M/s.Archit Infratech(P) Limited.
6. After careful examination of the proposal, Government under Rule 37 of M.C. Rules,
1960, hereby accord permission for transfer of Mining Lease held by Sri S.V. Siva Reddy for
Iron Ore over an extent of 148.741 Hectares (367.54 Acres) in Sy.No.874/P of Thummalur
Village, Pendlimarri Mandal. Y.S.R. District in favour of M/s.Pacific Mining Products Pvt. Limited
represented by Sri Sudesh K. Jain for the un-expired portion of the lease period i.e. upto
13.12.2027 subject to the provisions of Mines & Minerals (D&R) Act, 1957 and M.C. Rules, 1960
and the rules made there under. The earlier transfer mining lease application dated 08.07.2010
filed by Sri S.V.Siva Reddy in favour of M/s. Archit Infratech (P) Limited, is hereby rejected.
[
7. The transfer lease deed should be executed within three months from the date of this
order and both the transferor and transferee should pay all mineral revenue dues to the
Government till the date of transfer, before execution of the transfer lease deed.
8. The Director of Mines and Geology shall take further necessary action in the matter
accordingly, duly satisfying himself that the transferee fulfils the Act & Rules applicable including
Environmental clearance.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
Dr. PREM CHAND,
PRINCIPAL SECRETARY TO GOVERNMENT.
To
Sri S.V.Siva Reddy, S/o Sri S,Sankar Reddy,
D.No.1/397-1, Court Road, Kadapa, Y.S.R.Dist. (BY RPAD)
M/s.Pacific Mining Products Pvt Ltd., 16-B
Sector-2, Noida, Uttar Pradesh.(BY RPAD)
Copy to:-
The Director of Mines and Geology, Hyderabad. [we. File]
The Zonal Joint Director of Mines & Geology,Kadapa.
The Asst. Director Of Mines and Geology,Kadapa, Kadapa District.
The District Collector, Kadapa District.
The Secretary to Govt., of India, Ministry of Mines, Shastry Bhavan, New Delhi-110 001.
The Controller General, Indian Bureau of Mines, “A” Block, 2nd Floor,
Indira Bhavan, Civil Lines, Nagpur- 440 001.
The Director General, Mines, Safety, Dhanbad.
The Regional Controller of Mines, Koti, Hyderabad.
SF/SC(C.No.18216/M.III(1)/2010)
“Copy of this order is available on Internet and can be accessed
at address http://www.ap.gov.in/goir”.
//FORWARDED:: BY ORDER//
SECTION OFFICER
.