SURENDRA KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been directed against the order dated 20.8.1999 passed by the Additional District Judge No. 2, Alwar, in appeal No. 59/88, whereby the order dated 17.2.1998 passed by the Civil Judge (Jr.Div.), Jaipur on the app)cation filed u/O. 39 Rr. 1 and 2 r/w Section 151 CPC was reversed on the appeal filed by the State of Rajasthan.

(2.) The plaintiff had filed a Civil Suit with a prayer to restrain the respondents from creating hindrances in the excavation of minerals on the part of 80% of the mining lease, which according to the petitioner was situated in Hindaun Forest Area. It was further prayed to restrain the respondents from charging dead rent for the period for which the mine was closed by the order of the State Government.

(3.) As per the allegations, the plaintiff was granted a mining lease No. 181/87 for marble in the area of 100 x 100 Sq. mtrs. situated in village Khoh, Teshi Rajgarh, district Alwar for a period of 10 years. The petitioner started excavating the said mine. Even though the petitioner was doing the mining work, the State Government stopped the mining as per the order dated 1.5.1993, which order is said to have been based on the directions issued by the Hon'ble Supreme Court. In the case of Tarun Bharat Sangh, Ahoar v. Union of India decided on 29.7.1997, the Hon'ble Supreme Court directed that in the area of Sariska Tiger Reserve which is spread over an area of 866 sq. kms., no mining activity or any other prejudicial activities will be permitted without the prior permission of the Central Government. The trial Court vide its order dated 17.2.1998 had passed the restrain order against the State Government by accepting the application u/O. 39 Rr. 1 and 2 r/w Section 151 CPC and allowed the petitioner to continue excavating on 80% of the lease area, with a further direction that from the date of closing of the mining in 1993 till the excavation starts again, the dead rent was not to be recovered for the reason that the mine remained closed.