Special Blasts Limited ' GIN -...
Transcript of Special Blasts Limited ' GIN -...
Special Blasts Limited
G-5, Ground Floor, Wallfort Ozone, Near Fafadih Chowk, Raipur 492009 (C.G.) Phone : (0771) 4065900, Fax : (0771) 2537258, 4065920, Email: [email protected]
' GIN - U24292CT1988PLC004746
To, Date: 16-05-2017
The Director (Non-Coal Mining)
Ministry of Environment, Forest & Climate Change (I.A Division)
Indira Paryavaran Bhawan,
Jor Bagh New Delhi -110003
Subject : Environment Clearance for our proposed Manganese Ore Mine at Compartment
No.: 551, Miragpur Forest, Tehsil: Katangi, District: Balaghat, Madhya Pradesh -
Submission of additional information sought - Reg.
Reference 1. Our online application vide proposal no. IA/MP/MIN/61889/2017 dated:
18.01.2017
2. Your EDS dated: 08.02.2017
3. Our reply dated:02.03.2017
4. Your EDS dated: 11.04.2017
5. Your EDS dated: 15.05.2017
Respected Sir,
We have been allocated In-principle grant over an area of 15.0 Hectares for mining of Manganese
ore at Forest Compartment No.: 551 of Miragpur Forest Range, Tehsil: Katangi, District: Balaghat,
Madhya Pradesh. As part of obtaining Environmental Clearance as per provision of EIA
notification 2006 and its subsequent amendments, we have submitted Form - 1, Prefeasibility
Report and duly approved Mining Plan for your kind consideration vide Reference 4 above vide
dt. 18.01.2017. With reference to the above, EDS (3rd) has been generated on 15/05/2016, asking
us to submit Lol letter.
In view of the above, we are here with submitting the Mining Plan approval letter as Annexure-1
and Mining lease deed Annexure-2 for your further action.
We hope that the information submitted is as per your requirement and hereby request your
goodselves to kindly consider our proposal in the forthcoming EAC meeting for Grant of TOR.
Thanking you,
Yours faithfully
For Special Blasts Limited,
Director
Mining Plant Approval letter Annexure -
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GOVERNMENT OF INDIA MINISTRY OF MINES
INDIAN BUREAU OF MINES O/O THE REGIONAL CONTROLLER OF MINES
F.N'o MP/ B3l3ghat/Manganese/MPLN/6-10/16-17 1?^
J3balpur,dt.: 09/01/2017
To ^M/s Special Blast Limited X G-5, Wallfort Ozone, Near Fafadih Chowk,
Raipur 492009 (C.G.)
e-mail - info@specialblasts,com
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In exercise of the powers conferred by the Clause (b) of Sub-section (2) of Section 5 of
Mines and Minerals (Development and Regulation) Act, 1957 read with Government of India Order no. S.0.1SS7(E),dated 18/05/2016, 1 hereby approve the above said Mining Plan including Progressive Mine Closure Plan submitted under Rule 16(1) of Minerals (Other than
Atomic and Hydrocarbons Energy Minerals) Concession Rules, 20i6.This approval is subject to
the following conditions:
1 The Mining Plan is approved without prejudice to any other law applicable to the mine area from time to time whether made by the Central Government, State Government or any other authority and without prejudice to any order or direction from any court of competent jurisdiction.
2 The proposals shown on the plates and/or given in the document is based on the lease map /sketch submitted by the applicant/ lessee and is applicable from the date of approval.
3 it is clarified that the approval of aforesaid Mining Plan does not in any way imply the approval of the Government in terms of any other provision of Mines & Minerals (Development & Regulation) Amendment Act, 201S, or the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 and any other laws including Forest (Conservation) Act, 1980, Environment (Protection) Act, 1986 or the rules made there under. Mines Act, 1952 and Rule & Regulations made there under.
4 Indian Bureau of mines has not undertaken verification of the mining lease boundary on the ground and does not undertake any responsibility regarding correctness of the boundaries of the precise area as furnished by the applicant /lessee.
5 At any stage, if it is observed that the information furnished, data incorporated in the document are incorrect or misrepresent facts, the approval of the document shall be revoked with immediate effect.
6 The Lessee should submit the Financial Assurance to the Regional Controller of Mines, Indian Bureau of Mines, Jabalpur before executing the mining lease deed as per rule 23F(3) of Mineral Conservation & Development Rules, 1988.
7 If the approval conflicts with any other law or court order/direction under any statute, it shall be revoked immediately.
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Mining Lease Deed
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Annexure - 2
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SPECIAL BLASTS LIMITED
AVDHESH KUMAR JAIN
G-5, Wallfort Ozone. Near Fafadih Chowk Raipur D 492009 (Chhattisgarh).
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R?r % foid/ui SPECIAL BLASTS LIMITED G-5, Wallfort Ozone. Near Fafadih Chowk Raipur D 492009 (Chhattisgarh). 1
SCHEDULE VII[See rules 7 (ll), 8(4), 9(2), 12 (l) (d)]FORMAT OF MINING LEASE
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This deed for grant of a Mining Lease is made by and between the following:
1.The Governor of Madhya Pradesh acting through [Collector( Mining Division)
District Balaghat ("Madhya Pradesh") (the - State Government)
AND
2.[Name of the Lessee] SPECIAL BLASTS LIMITED, and company who is Situated
Raipur in India, having income tax permanent account number AADCS28B1D
whose registered office is at G-5, Wallfort Ozone. Near Fafadih Chowk Raipur -
492009 (Chhattisgarh). (the "Lessee").
BACKGROUND
A.Mineral resource Department Govt. Of Madhya Pradesh, Bhopal has an order
No.F 2- 173/2008/12/2 dated 11/01/2017 favour of SPECIAL BLASTS
LIMITED, For grant of the mining lease over an area of 15.00, hec. For
manganese Ore Mine at village -Miragpur Tehsil : Kherlanji, Dist. Balaghat
(M.P.) The Lessee has submitted undertaking vide letter No. F 2-
173/2008/12/2 dated 11/01/2017 under compliance of major conditions
provided in grant order stating that entire production of Manganese Ore from
this Mining Lease shall be utilized only in established plant of SPECIAL BLASTS
LIMITED, . The mineral Development and Production Agreement has been
executed between the Lessee and state Government.
The Lessee has fulfilled the conditions of Grant Oder as per Mines and
Minerals (Development and Regulation) Act, 1957 ("Act") and rules made there
under for grant of a mining Lease.
B.Accordingly, the State Government is now executing this deed for grant of a
Lease to the Lessee in consideration of the fee, royalties, covenants and
agreements hereinafter reserved and contained on the part of the Lessee to be
paid observed and performed.
1.DEFINITIONS
The expressions used in this Lease shall have the same meaning as ascribed to
PARTIES:
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MAHASINGH MASHRAM
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them under the Act and the rules made there under.
2.GRANT OF LEASE
2.1The State Government hereby grants the Lease to the Lessee over an area
of 15.00 ha. Described in Schedule I ("Lease Area") for conducting mining
operations for a period of 50 years, commencing form
with respect to following Manganese Ore
(minerals).
2.2The Lease shall be with respect to all those the mines beds/veins seams of
the Minerals situated lying and being in or under the Lease Area.
2.3Subject to the Lessee paying the royalties and making other payments
required to be paid and observing and performing all the covenants and
agreements herein contained and on the part of the Lessee to be observed and
performed shall and may quietly hold and enjoy the rights and premises of the
Lease Area for and during the term hereby granted without any unlawful
interruption from or by the State Government or any person rightfully claiming
under it.
3.RIGHTS AND OBLIGATIONS
3.1The rights and obligations of the State Government and the Lessee shall be
as specified
in the Act and the rules made thereunder, including without limitation the
Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession
Rules,2015 and the Mine Development and Production Agreement dated
[11/01/2017].
3.2Without prejudice to the generality of the foregoing.
(a)the Lessee shall :
(i)at all times comply with the provisions of the Act and the rules made
thereunder and any other applicable law:
i
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PlfcMKH :
JITENDRA KUMAR SOLANKI
W; MINING OFFICE BALAGHAT
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(ii)make prompt payment of royalty and any other payment required to be
made by the Lessee:
(iii)pay such compensation as may be assessed by lawful authority in
accordance with the law in force on the subject for all damage, injury, or
disturbance which may be done by the Lessee in exercise of the powers
granted by this Lease and to indemnify and keep indemnified fully and
completely the State Government against all claims which may be by any
person or persons in respect of any such damage, injury or disturbance and all
costs and expenses in connection therewith:
(iv)take measures, at his own expense, for the protection of environment like
plating of trees, reclamation of mined land, use of pollution-control devices,
and such other measures as may be prescribed by the Central or State
Government from time to time:
(v)without delay send to the Deputy Commissioner/Collector a report of any
accident causing death or serious bodily injury or serious injury to property or
seriously affecting or endangering life or property which may occur in the
course of the operations under this Lease:
(vi)weigh or cause to be measured or weighed upon some part of the Lease
Area all minerals from time to time won from the Lease Area, which [number
of days] prior notice being given to the Deputy Commissioner/Collector every
such measuring or weighing in order that he or some person on his behalf
may be present thereat:
(vii)submit to the State Government a full report of the work done by the
Lessee and disclose all information acquired by the Lessee in the course of the
operations carried on under this Lease regarding the geology and mineral
resources of the area covered by the Lease : and
(viii)Pay stamp duty and registration charges as may be applicable in respect of
this deed.
(b)the State Government shall :
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KAUSHLENDRA KUMAR ^/3nrtE3r BANARAS W; FLAT- NO A608 WALLFORT
ENCLAVE II RAIPUR
BINDER SINGH gT/3TRtT3r BALVEER SINGH W: HOUSE NO. 57 HARI NAGAR DURG RAIPUR
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(i)have the right to, at all times to enter into and upon and to grant or demise
to any person or persons whomsoever liberty to enter into and upon the Lease
Area for all or any purposes other than those for which sole rights and Lease
are hereby expressly conferred upon the Lessee, including without limitation,
to make on, over or though they said lands such roads, tramways and
ropeways as shall be considered necessary or expedient for any purposes and
to obtain from and out of the said lands such stone, earth or other materials
as may be necessary or requisite for making, repairing or maintaining such
roads, tramways, railways and ropeways to pass and repass at all times over
and along such roads, tramways, railways and ropeways for all purposes and
as occasion shall require:
(ii)Have the right to appropriate any performance security provided by the
Lessee in accordance with terms of such performance security and require the
Lessee to replenish the performance security. In case the performance security
has been provided through a security deposit after termination of the Lease
and fulfilment of all obligations of the Lessee, such security deposit shall be
returned to the Lessee after appropriate deductions. It is clarified that the
security deposit shall not carry any interest: and
(iii)have the right to carry out or perform any work or matters which in
accordance with the covenants in that behalf are to be carried out or
performed by the Lessee, but have not been so carried out or performed
within the time specified in that behalf, and the Lessee shall pay the State
Government on demand all expenses which shall be incurred in such carrying
out or performance of the same.
B.BIfthe State Government is desirous of exercising its right of pre-emption
with respect to any mineral(s) the State Government shall pay the average sale
price of such minerals as published by IBM prevailing at the time of
pre-emption, as determined by the State Government. In order to assist in
arriving at the said fair market price the Lessee shall it so required furnish to
the State Government for the confidential information of the Government,
particular quantities, descriptions and prices of the said mineral or products
by the State Government original or authenticated copies of contracts and
charter parties entered into for such sale.
3.4ln the event of the existence of a state of war or emergency (of which
existence the President of India shall be the sole judge and a notification to
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this effect in the Gazette of India shall be conclusive proof) the State
Government with the consent of the Central Government shall from time to
time and at all times during the said term have the right (to be exercised by a
notice in writing to the Lessee /Lessees)forthwith take possession and control
of the works, plant, machinery and premises of the Lessee
on or in connection with the Lease Area or the operations under this Lease and
during such possession or control, the Lessee shall conform to and obey all
directions given by or on behalf of the Central or State Government regarding
the use of employment of such works, plants, premises and minerals provided
that fair compensation, which shall be determined in default of agreement by
the State Government shall be paid to the Lessee for all loss or damage
sustained by him/them by reason or in consequence of the exercises of the
powers conferred by this clause and provided also that the exercise of such
power shall not determine the said term hereby granted or affect the terms
and provisions of this clause. 3.5If after the receipt of an offer of
compensation for any damage which is likely to arise from the proposed
operation of the Lessee, the occupier of the surface of any part of the said
lands shall refuse his consent to the exercise of the rights and powers
reserved to the State Government and granted by this Lease, the Lessee shall
report the matter to the State Government and shall deposit with it the amount
offered as compensation and if the State Government is satisfied that the
amount of compensation is reasonable or if it is not so satisfied and the
Lessee shall have deposited with it such further amount as the State
Government may consider reasonable, the State Government shall order the
occupier to allow the Lessee to enter upon the said land and carry out such
operations as may be necessary for the purpose of the Lease . In assessing the
amount of such compensation the State Government shall be guided by the
principles of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation & Resettlement Act, 2013.
3.6Every notice required to be given to the Lessee shall be given in writing to
such person as may be nominated by the Lessee and such nomination shall be
informed to the State Government in writing. If no such nomination is made
then the notice shall be sent to the Lessee by registered post/speed post
addressed to the Lessee at the address shown in the application for the Lease
or at such other address in India as the Lessee may designate from time to
time and every such service shall be deemed to be proper and valid service
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upon the Lessee and shall not be questioned or challenged by him.
3.7lf in any event the orders of the State Government are revised, reviewed or
cancelled by the Central Government in pursuance of proceedings under the
Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession
Rules, 2015, the Lessee shall not be entitled to compensation for any loss
sustained by the Lessee in exercise of the powers and privileges conferred
upon the Lessee by these presents.
4.GOVERNING LAW
This Lease and all questions of its interpretation shall be construed in
accordance with the laws of India. In the event of any dispute in relation to the
this Lease and in respect of all matters touching the relationship of the Lessee
and the State Government, suits of petitions shall be filed in civil courts at
Balaghat and it is hereby expressly agreed that neither party shall file a suit or
appeal or bring any actions at any place other than the courts named above.
In witness whereof there presents have been executed at the Balaghat on
[date 11/01/2017]
LVkEi 'kqYd ds iz;kstukFkZ iV~VkLlrfjr Hkwfe Is iwokZuqekfur 'kqYd okfkZd
:lk;s 1,12,700/- gSA
SCHEDULE I - AREA OF MINING LEASE
(Description of area including Geo-Coordinates to be provided)
All that of lands situated at village Miragpur, Tehsil : Kherlanji, Dist. Balaghat
(Madhya Pradesh) area of 15.00 hectares the registration District/ Sub-
District - Balaghat bearing Cadastral Pro.F.Com. No. 551 containing an area of
15.00 hectares or thereabout delineated on the plan hereto annexed and
thereon Red coloured and bounded as follows:
CO- ORDINATES
BP. No.LATITUDELONGITUDEBP. No.LATITUDELONGITUDE
BP1N 2loB8'02.00"E 79047'23.77"BP4N 2lo37'57.90"E 79o47'43.40"
BP2N 2lo37'53.40"E 79o47'18.00"BP5N 2lo38'02.50"E 79o47'40.30"
BP3N 2lo37'52.09"E 79047'28.98"BP6N 2lo38'01.36"E 79o47'33.90"
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Signed by
Collector, Balaghat
Signature of
Lessee
in presence of
Witnessl.
2.
Witnessl.
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