WOLKEM INDUSTRIES LTD Vs. STATE

JUDGEMENT

(1.) By way of filing the present writ petition, the petitioner has challenged the notification dt. 19.08.2004 and prayed that the respondents may be restrained from granting any mining lease in pursuance of the notification dt. 19.08.2004. It has been further prayed that the respondents may be directed to grant mining lease to the petitioner in accordance with the law with regard to Block 4-F of Village Ahmadpura, District, Nagaur on the application submitted by petitioner in response to the notification dt. 31.03.2003.

(2.) According to the facts of the case, the State Government in exercise of the power conferred by Section 17-A of the Mines and Minerals (Development and Regulation) Act, 1957 (hereafter referred to as "the Act of 1957") issued a notification dt. 25.09.1996 reserving entire area in the Nagaur District for mining operations with regard to lime stone, leaving aside 4 areas mentioned in the said notification. The State Government issued another notification dt. 30.11.2000, which was published in the Official Gazette on 2.12.2000, dereserving 49 Sq. Kms. of areas in Nawalgarh, District Jhunjhunu for lime stone.

(3.) According to the petitioner, the State Government issued yet another notification on 31.03.2003, which was published in the Official Gazette on 02.04.2003, giving relaxation in the notification dt. 25.09.1996 and 02.12.2000 and de-reserved 4 blocks of the Nagaur District.