WAQF BOARD, RAJASTHAN Vs. JINDAL SAW LIMITED

JUDGEMENT

(1.) The challenge in the present appeals is to an order dtd. 29/9/2021 passed by the High Court of Judicature for Rajasthan at Jodhpur, whereby the writ petition filed by respondent No. 1[For short, the 'writ petitioner'] was allowed directing the appellant and respondent Nos. 2 to 8 not to interfere with the action of the writ petitioner in removal of the structure forming part of Khasra No. 6731 at Village Pur, Bhilwara, Rajasthan.

(2.) The writ petitioner was granted lease of an area admeasuring 1556.7817 hectares vide lease deed dtd. 8/12/2010 for the mining of Gold, Silver, Lead, Zinc, Copper, Iron, Cobalt, Nickle and associated minerals near Village Dhedwas, Tehsil and District Bhilwara, Rajasthan.

(3.) It was pointed out that the Tehsildar, Bhilwara had submitted a report on 3/12/2010 after conducting an inquiry along with Revenue Record Super Impose Site Plan in respect of Land Numbers, admeasuring 142-15 bigha of village Samodi; Land Numbers admeasuring 33-09 bigha of village Dariba; Land Numbers admeasuring 40-03 bigha of village Pansal; Land Numbers admeasuring 127-02 bigha of village Malola; Land Numbers admeasuring 24114 bigha of village Dhulkheda; Land Numbers admeasuring 74802 bighas of village Pur after obtaining report from the concerned Patwaris. Such report shows that Land Number 897 of village Samodi is a Devsthan i.e. place of worship. It was communicated that if the mining work is carried out without causing harm to Devsthan and not using the harmful explosives, then there is no objection in carrying out mining work in that survey number. In the detailed report, certain survey numbers in different villages such as Samodi, Dariba, Pansal, Malola are mentioned wherein there was a proposal not to grant permission and also certain other survey numbers wherein permission was proposed to be given. In Survey Nos. 543 (6 Bigha 11 Biswa), 498 Min. (8 Bigha 6 Biswa) and 42 (3 Biswa) of Malola Village, there was a proposal not to grant permission in view of barren land near religious place. Similarly, in Dhulkheda Village, the proposal to undertake mining was not granted in Survey Nos. 219 and 220 on account of religious place and in Survey No. 365 for the reason of graveyard. However, in respect of the area in question in Village Pur, the mining was proposed to be carried out in Land Survey No. 235. The permission was proposed to be granted in respect of Survey No. 6731 measuring 158 Bigha 12 Biswa. It was thus proposed that permission is not to be granted in total of 213 Bigha 11 Biswa, for the mining work whereas in 325 Bigha 19 Biswa, permission was to be granted. It is thereafter that the lease was executed on 8/12/2010 by the State in favor of the writ petitioner.