MOHAN LAL KUMAVAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed challenging the communication dated 22nd August, 2008 issued by the Deputy Secretary, Mining Department to the Director, Directorate of Mines & Geology, Udaipur, recommending that the petitioner's renewal application in respect of quarry licence for marble over Quarry/Plot No. 196/3 Gunawati Range Area, Makrana, be cancelled and area be declared to be vacant.

(2.) MR. A.K. Sharma Senior Counsel with MR. Rahul Kamwar apperaing for the petitioner has submitted that the petitioner was granted a quarry licence on 27th May, 1987 for mineral marble for a period from 27-05-1987 to 31-12-1987. Thereafter, on 29th December, 1987, prior to the expiry of the quarry licence, the petitioner moved an application for renewal thereof for the period from 01-01-1988 to 31-12-1988. It is submitted that however, the said application for renewal was rejected on 18th March, 1988 for purported non-compliance of then extant rule 27(4) of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter to be referred in short 'the Rules of 1986') at the time of the grant of the licence rendering the very grant illegal. Counsel submits that aggrieved of the order dated 18th March, 1988, an appeal was filed, without avail. A further revision petition to the State Government was also dismissed. Counsel submits that aggrieved of the dismissal of the renewal application by the State authorities, a revision petition was filed before the Central Government under extant Section 30 of the MM (R&D) Act, 1957 (hereinafter to be referred in short 'the Act of 1957'). The said revision petition came to be disposed of vide order dated 21st November, 1990, wherein it was directed that the orders of rejection of renewal application filed by the petitioner were to be set aside and the matter remanded to the State Government for disposal on merits in accordance with law. It was also directed that meanwhile no other application be considered for grant of mining lease over the areas involved in the revision petition.