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transfer of mining lease

(Querist) 19 November 2009 This query is : Resolved 
For our organisation I want to transfer an iron ore mine, which is to be expired within months i.e. under renewal. Also I want to know that whether fresh environmental clearance is required?

Please tell me about a Lawyer in this regard.
Raj Kumar Makkad (Expert) 19 November 2009
The environment clearance is already been obtained and at the time of renewal of transfer, there is no need of fresh NOC.
VIKAS RAJ CHHAJER (Expert) 20 November 2009
Dear Mr Arup if you need a lawyer then i may help you complete in this matter.

So contact with me on below no.in between 6 p.m. to 9 p.m. in the evening.

Complete consultancy will be given

+91 9314023636
Vikas Raj chhajer
Advocate
dinesh (Expert) 23 November 2009
Deal Arup, your query is incomplete. The major stipulations of the lease agreement is not stated. iT IS ALSO NOT STATED IN WHICH STATE THE MINE IS SITUATED. tHE STATE LAWS ARE DIFFERENT IN EACH CASE. Whether, transfer requires the NOC of the concerned state government or as per the agreement the transfer is prohibited altogerther? Since the ownership lies with the government, then I presume no third party interest can be created without the Principal involvement.
Regarding the NOC from State pollution board/environmental clearance certificate is isued to a person/organisation concerned. If the transfer is by way of sub-lease/de-novo contract, the clearance is essential pre-condition.

Dinesh Sharma
LLM


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