BALAJI MARBLE MINES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the writ petition filed under Article 226 of the Constitution, the petitioner made following prayer:

(2.) The petitioner is dealing in quarrying of marble stone and sale thereof. Quarry No. 241, range Kola Doongari, Makrana for mineral marble was initially sanctioned in favour of M/s. Makrana Marble and Stone Co. Makrana on October 1, 1965 which was renewed from time to time. By order dated June 12, 2006 the aforesaid quarry covering the area of 1355 x 200 ft. (24961.3343 sq. mtrs.). was transferred in favour of the petitioner. The petitioner moved an application to the Mining Engineer Makrana for extending the area of the existing quarry by 14030.66 sq. mtrs. In reference to this application, the petitioner averred that if the extention of the area is included it would be in consonance with the Marble Conservation and Development Rules and standard size of plot prescribed in the Marble Policy 2002 which is 4 hctrs. The petitioner deposited Rs. 5,000 application fee along with map and description of the extended area. By order dated 20.6.2006 the Mining Engineer directed the Mines Foreman to inspect the site of the extended area applied by the petitioner and submit a report. The Mines Foreman in the pre-demarcation report observed as under:

(3.) By order dated 19.7.2006 the Mining Engineer sanctioned an area of four hectares in favour of the petitioner by allowing extension of 15038.66 sq. mtrs. area to be included in the existing quarry No. 241. In accordance with the sanction order, the petitioner deposited banker cheque of Rs. 72500 dated 25.7.2006 and deposited Rs. 1000 as demarcation fee. The petitioner also submitted the requisite security of Rs. 7000 in the form of NSCs. The petitioner also deposited the difference of the revised rent with interest to the tune of Rs. 48708 by challan dated 7.3.2007. Final demarcation was also conducted by the department on 24.8.2006. The Rajasthan State Pollution Control Board also issued an NOC in favour of the petitioner on 11.9.2006. The Directorate of Mines and Geology directed the Mining Engineer vide letter dated 14.6.2007 to declare the sanction order dated 19.7.2006 as null and void under rule 72 of the Rajasthan Minor and Mineral Concession Rules, 1986 and requested for sending compliance report.