ASHWANI GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition has been filed by the petitioner primarily with the grievance that mining lease allotted to him was originally of 5 hectares situated at Group-9, plot No.2 near Gram Sirrondh, Tehsil Roopwas, District Bharatpur but some part thereof which was in terms of the mining lease being prohibited area, that was parted with by the Tehsildar and the area now available with the petitioner is 4.49 hectares and despite the representation made the fact (supra) has not been taken note of by the competent authority of the mining department, in absence whereof 'ravanna' has not been issued and that deprives the petitioner to hold mining operations, which has compelled him to approach this Court by filing the instant petition.

(2.) COUNSEL for petitioner has brought to the notice of this Court the notification dt.26.02.1996 (Annx.13) which was issued by the department in continuation of earlier notification dt.22.04.1994 in exercise of power conferred by R.II of the Mineral Concession Rules,1986 notifying that where the area available for grant of mining lease of sandstone is less than 5 hectares the same may also be considered but in no case it shall be less than 1 hectare.

(3.) IT emerges from the notification (supra) that the mining area upto 1 hectare regarding sand stone one is entitled for grant of mining lease having minimum prescribed area for sand stone. IT has also been informed that power for grant of mining lease can be exercised U/r 18(xviii) of the Minor Mineral Concession Rules,1986 by the Superintending Mining Engineer.