SANGHARSH SEWA SAMITI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present writ petition filed in the nature Public Interest Litigation, the petitioner has prayed for the following reliefs:-

(2.) Heard learned counsel appearing for the respective parties.

(3.) Learned counsel appearing for the petitioner-Society submitted that respondent Nos.l and 2 allotted a land in Villages Pur Malola, Samodi, Dariba, Suras, which was reserved as 'Charagah' land in the revenue record, to respondent No.5- M/s Jindal Saw Limited for mining activities on lease for a period of 30 years, but no land in lieu of said land was allotted to these villages, which is contrary to the provisions of the Rajasthan Tenancy Act, 1955 (for short, 'the Act of 1955')- It was submitted that vide letter dtd. 6/8/2009 (Annexure-3) issued by the respondent No.l-State of Rajasthan, the District Collector, Bhilwara was informed that government sanction has been granted to respondent No.5 for mineral, iron and mining activities in the urban area of Bhilwara Nagar Parishad as well as concerned villages, therefore, 'No Objection Certificate' be issued in favour of respondent No.5. It was further submitted that respondent No.l thereafter issued a letter dtd. 16/7/2010 (Annexure-4) directing the District Collector, Bhilwara to grant 'NOC to respondent No.5 in relation to Mining Patta No.631/2005 in village Samodi, Dariba, Pansal, Malola and Suras for undertaking mining activities, as per Rule 7(2) of the Rajasthan Tenancy Act, 1955. District Collector, Bhilwara was also directed to ensure compliance of government sanction dtd. 30/4/2010, vide which the Secretary, Revenue (Group-3) Department, Rajasthan, granted no objection to respondent No.5 for 334.4317 hectares of Gochar land comprising of land falling in Village Samodi, Dariba, Pansal Malola and Suras for mining activities. Thereafter, vide order dtd. 16/11/2010 (Annexure-5), respondent No.5 was granted mining patta under Rule 22(1) of the Mining Rules, 1960 for mining of gold, silver, led, zink, copper, iron, cobalt, nickle and associated minerals in village Dedwas Tehsil and District Bhilwara.