JETHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioners are seeking directions to the respondents to stop illegal mining in the pasture land comprising khasra no.229 at village-Khudala, TehsilGudamalani, District-Barmer. The petitioners have also sought directions to take action against the persons involved in illegal mining and to conduct a detailed inquiry so as to quantify the mineral loss, revenue loss and environmental loss caused by the persons involved in undertaking illegal mining with the connivance of local authorities and to penalise them by awarding compensation to be utilised for regaining the pasture land.

(2.) The petitioners are permanent residents of panchayat area of Gram Panchayat, Khudala, Gram Panchayat, Adail, Gram Panchayat, Lohara and Gram Panchayat, Sada of Panchayat Samiti, Sindhari, Tehsil Gudamalani, District Barmer. The grievance of the petitioners is that unscrupulous persons are excavating mineral 'Bazari' from the land comprising khasra no.229 of village Khudala, situated near the bank of river Luni, which stands set apart as pasture land. It is submitted that on 5.6.08, the Gram Panchayat, Khudala in its Gram Sabha meeting adopted a resolution to make a complaint against the illegal mining of 'Bazari' and cutting of the trees in the said pasture land to the authorities concerned. Pursuant thereto, on complaint being made, respondent no.4-Tehsildar, Gudamalani inspected the location at khasra no.229 of the revenue village Khudala and found that illegal mining of 'Bazari' was being undertaken by a JCB machine owned by one Shri Pukhraj Jain of Gudamalani. A site inspection report prepared is placed on record as Annexure

(3.) The Tehsildar, Gudamalani while seizing the JCB machine, vide communication dated 3.7.08 informed the Assistant Mining Engineer , Department of Mines, Barmer about the illegal mining and requested to quantify the mineral excavated illegally by taking the measurements. The Assistant Engineer, Barmer in his turn inspected the site and after taking measurements found that 2618 mt. tn. 'Bazari' has already been excavated illegally. The Tehsildar also requested the Assistant Commercial Taxes Officer, Ward II, Barmer to assess the commercial taxes payable and the amount of penalty, on 2618 mt.tn. 'Bazari' excavated illegally. On the basis of the inspection made as aforesaid, Tehsildar, Gudamalani filed a complaint u/s 22 of Mines & Minerals (Regulation & Development) Act, 1957( for short the Act of 1957 ) read with Rule 48(5) of Rajasthan Minor Mineral Concession Rules, 1986( for short MMCR,1986 ) before the Additional Chief Judicial Magistrate, Barmer. However, after taking the action as aforesaid, the respondent authorities did not proceed further. It is submitted that the JCB machine was released on 'supurdaginama' within a short span of time and thereafter, the illegal mining continues. The petitioners made representation to various authorities to stop the illegal mining in the pasture land but to no avail. Hence, this petition.