BUDH PRAKASH Vs. SECRETARY GOVT OF INDIA

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner seeking reliefs to issue a writ of mandamus directing the respondents to include lime stone discovered in the leased area granted to him on 9-3-76, Anx. 1 to the writ petition, and also for quashing the order Anx. 5 dated 26-2-87 passed by the Central Government in exercise of its power under S. 30 of Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred as Act No. 67 of 1957) read with Rule 55 of the Mineral Concession Rules, 1960 (hereinafter referred as Rules of 1960) directing him to apply separately for grant of mining lease for lime stone (major mineral) as envisaged under Rule 24 of the Rules of 1960.

(2.) The relevant facts in brief, which have given rise to this writ petition, are that the petitioner was granted mining lease on 9-3-76 for extracting Calcite minerals for a period of twenty years over an area of 129.50 hectares in village Perwa, Pargana Rewdar, District Sirohi. It is also averred in the writ petition and also revealed from the perusal of Geological report that along with mineral Calcite lime stone was also discovered in the leased area granted to the petitioner and none of these minerals can be mined independent of other. The mining of one of these minerals shall naturally involved extraction of other inter-twined mineral.

(3.) It is also alleged in the writ petition that the petitioner moved an application for inclusion of lime stone in his lease deed dated 9-3-76, Anx. 1 to the writ petition, which was refused by the Director of Mines and Geology, Udaipur vide his order dated 26-4-79, Anx. 3 to the writ petition.