SURESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PLAINTIFF-petitioner has filed this revision petition against the order dated, 23. 4. 1992 of the Civil Judge, Jhalawar passed in Civil Miscellaneous Appeal No. 10/90, whereby the learned Civil Judge has set aside the order of injunction passed by the Munsiff and Judicial Magistrate, Jhalawar on 30. 10. 1986 in favour of the plaintiff-petitioner.

(2.) FACTS of the case are that the plaintiff-petitioner was granted a mining lease for an area of 120x60 sqr. meters in Khasra Nos. 99,100 and 219 in Jhalarapatan Forest area Idwasa Hussain Tekri. The Divisional Forest Officer granted permission on 15. 10. 1979 for mining operations. According to the plaintiff- petitioner there is a way in Khasra No. 219 through which his tractor Truck, bullock-cart etc. have been passing through. In the year 1986 the authorities of the Forest Department constructed a closure and have thus prevented the plaintiff-petitioner from using way to the mining area. This has been done notwithstanding the fact that the lease has been renewed by the Mines Department.

(3.) RAJASTHAN Minor Mineral Concession Rules have been framed by the State Government in exercise of its powers under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957. Rule-4 (6) of these rules reads as under: - "no mining lease shall be granted or renewed in the forest area without clearance from the Central Government in accordance with the Forest (Conservation) Act, 1980 and the rules made thereunder. "