Under ground mining

Vijaya kumar Avula (Querist) 29 September 2020 This query is : Resolved
Dear sir, i am facing problem with the following Government order( GO), Lessee doing underground mining beneath my private patta land from neighbor land without disturbing my surface land area. can he do the underground mining beneath my land without my consent. AP state government told that minerals are belonging to government, hence they can give right to extract minerals to any own without surface rights. is it correct. what are the remedies available to me to protect my mineral property. please advise with supporting case laws and provision of laws.

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A landowner is questioning whether a lessee can conduct underground mining beneath their private property without permission, even if the surface land is undisturbed. The state government claims minerals belong to them and can grant extraction rights without surface rights. This discussion explores the landowner's rights, potential remedies, and legal avenues, including consulting local lawyers and potentially filing a writ petition in the High Court.

Isaac Gabriel (Expert) 29 September 2020
If you are in any way affected or disturbed ,you can make a complaint.Your rights cannot be infringed or interfered without your permission.Get details from the local body about any on going scheme as stated.

Rajendra K Goyal (Expert) 29 September 2020
Discuss with local lawyer and file case for a stay on mining as it may effect your usefulness of your land.

kavksatyanarayana (Expert) 29 September 2020
Obtain the details of the Survey number with extent for doing mining from the Director/Manager of Mining & Geology Department of your District using RTI. With the details, you shall consult a local lawyer for specific guidance.

Dr J C Vashista (Expert) 30 September 2020
Consult a local prudent lawyer with relevant documents for better appreciation of facts/ records, professional guidance and necessary proceeding.

Rajendra K Goyal (Expert) 30 September 2020
As the mining department is not cooperating, should move to court for a stay on mining in your land.

P. Venu (Expert) 30 September 2020
The only option is in approaching the High Court in a Writ Petition.

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