NARESH JANGID Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned counsel for the parties jointly submit that the issue raised in the present writ petition is squarely covered by order passed by this Court in S.B. Civil Writ Petition No.5211/2021 (Dalpat Singh Chundawat Vs. Union of India & Ors.) decided on 18/7/2023. The said order reads as follows :-

(2.) For the purpose of deciding this batch of writ petitions, it is deemed proper and appropriate to consider the facts of the case in SB Civil Writ Petition No.5211/2021, which has been filed under Article 226 of the Constitution of India with the following prayers:-

(3.) The facts of the case are that the petitioner applied for mining lease (M.L. No.607/2011) on 23/12/2011 for mineral Quartz and Feldspar at Village Kenwara, Tehsil Deogarh, District Rajsamand. Along with the application, requisite fees and requisite documents as required under Rule 9(1) of the Mineral Concession Rules, 1960 (for short, 'the Rules of 1960') were also submitted. Thereafter, in compliance of the notice and direction, the petitioner deposited Pre-demarcation fees. During the process, a communication was issued by the Mining Engineer, Amet to the Deputy Conservator, Forest for ascertaining the fact that whether the area in question falls in the forest, who in turn, informed that the area for which application had been filed, does not fall in the forest. After completing all the formalities and process, a LoI dtd. 29/12/2014 (Annex.1) was issued in favour of the petitioner, pursuant to which, the petitioner submitted the approved mining plan with progressive mine closure plan dtd. 16/6/2015 (Annex.2).