SUNITA Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) Heard counsel appearing on behalf of the parties on question of admission.

(2.) Writ petitions were filed by the petitioners-appellants before the Single Bench with a prayer to quash and set aside impugned orders dated 25.04.2011 and 08.04.2011. As per order dated 25.04.2011, requisite information was required to be furnished by the applicants for the purpose of fixing the priority or preferential right for grant of mining lease. Thereafter, an order dated 15.02.2012 was passed, requiring the Central Government approval to the decision taken by the State Government for grant of lease in favour of M/s. Kalyani Mining Ventures Pvt. Ltd. and M/s. Kalyani Natural Resources Pvt. Ltd. It is not in dispute that the Central Government has not accorded any approval in the matter.

(3.) The Single Bench vide common order dated 25.04.2012 dismissed the writ petitions on the ground that it is open to the State Government to fix the priorities without prior approval of the Central Government. The proviso to Section 11(5) of the Mines and Minerals(Development and Regulations) Act, 1957(hereinafter referred to as 'the Act of 1957') only prohibits grant of mineral concession overriding Section 11(2) of the Act of 1957 without the prior approval of the Central Government. No grant has been made so far and approval of the Central Government has been sought. The Single Bench has also observed that at this stage it is not necessary to allow the prayer to amend the writ petitions and lay a challenge to the order dated 15.02.2012 for the reason that a challenge to the said order would not affect the merits of the writ petitions. Order dated 15.02.2012 is only a proposal of the State Government in terms of Section 11(5) of the Act of 1957 and no prior approval of the Central Government is required. Approval of the Central Government is required only before the grant of the mineral concession disturbing the priorities/preferences on the basis of the date of application for mineral concession under Section 11(2) of the Act of 1957. No such grant has yet been made. Being aggrieved by the order passed by the Single Bench, intra Court appeals have been preferred.