GRINDING MILLS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard on the question of admission.

(2.) Petitioners have questioned vires of Rule 5(6) of the Rajasthan Minerals (Prevention of Illegal Mining, Transpiration and Storage) Rules, 2007 (hereinafter referred to as 'the Rules of 2007').

(3.) Petitioners have submitted that petitioners are Small Scale Industries dealing in processing of minerals in Industrial Area/RIICO Area or Trading of minerals at Beawar, District Ajmer. Petitioners are registered as SSI Units with the District Industries Centre, Ajmer/Beawar. Petitioners purchased raw mineral from mining operators, who have been granted lease's of mines. The raw minerals felspar, quartz and other mineral are supplied / sold to the petitioners along with 'Rawanna' i.e. a form of permit certifying the mineral taken out from the mines leased by the Department of Mines and Geology and payment of royalty on the mineral. In turn, the raw mineral felspar, quartz and other mineral are processed/converted into powder by grinding and supplied/sold in the open market/to other industries in the State of Rajasthan or other States in India. Thus, the 'Rawanna' is withheld /kept by the petitioners and the raw mineral is converted into powder i.e. the finished goods and the same is sold/supplied to other prospective purchasers, units or industries. Petitioners have referred Section 4 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'the Act of 1957'), according to which, no person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the Rules made there-under. As per Section 4(3) of the Act of 1957, any State Government may, after prior consultation with the Central Government and in accordance with the Rules under Section 18, undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the First Schedule in any area within that State which is not already held under any reconnaissance permit, prospecting licence or mining lease. In exercise of the powers conferred under Section 23-C of the Act of 1957, State Government made the Rules namely; Rajasthan Minerals (Prevention of Illegal Mining, Transpiration and Storage) Rules, 2007. Rule 5(6) of the Rules of 2007, which has been questioned, provides that every person who transports the minerals shall carry Transit Pass or Rawanna or Royalty Receipt, as the case may be, with the vehicle and shall produce the same on demand to incharge of check post or authorized officer.