SHAMBHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) In the writ petition, the petitioner has questioned the constitutional validity of Clause-12 of the Marble Policy, 2002 to the extent of condition of obtaining no objection certificate from the Khatedar/ land owner before sanction of mining lease.

(3.) It is averred in the petition that the petitioner has applied for obtaining mining lease for mineral marble situated near Village Nizarana, Tehsil and District Rajsamand. He filed application for grant of mining lease on 11.5.2009. The State Government in exercise of powers conferred under Rule 65A of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as the Rules of 1986), has framed Marble Policy of 2002 which was made effective vide notification dated 1.3.2002. As per Clause-12 of the Marble Policy, in case of Khatedari or other private land mining lease/quarry licence shall be granted or renewed in favour of Khatedar or private land holder or such other person having acquired surface rights from the Khatedar or land owner on the basis of mutual legal agreement and subject to the conditions that the applicant agrees to undertake mining operations by deploying the mine machinery prescribed in Annexure-1. Proviso also makes it clear that where available area is less than 2 hectares and surrounded by two or more existing lease/quarry license as provided in Rule 11 of the Rules of 1986, it shall be granted to anyone adjoining lessee/quarry holder on the basis of NOC of the Khatedar/land holder to such person and the new area shall be added to the existing lease/quarry licence.