RAMESH GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against order dated 12.6.18 passed by the State Government, whereby the mining lease granted in favour of the petitioner for excavation of the mineral Quartz and Feldspar in the area ad measuring 4.0225 hectare situated in Village Thoriya, Tehsil Kumbhalgarh, District Rajsamand, has been declared null and void, under Rule 75 of Rajasthan Minor Mineral Concession Rules, 2017 (for short "the Rules of 2017").

(2.) The facts relevant are that the petitioner applied for grant of mining lease of the mining area in question for major mineral Quartz and Feldspar under the Mineral Concession Rules, 1960 (for short "the Rules of 1960") on 30.9.11, after obtaining the consent of the khatedar of the land while paying compensation a sum of Rs.6,00,000/-. After demarcation of the area, the Letter of Intent was issued by the Director of Mines in favour of the petitioner on 11.7.12. After approval of the mining plan and the progressive mining closure plan and on completion of the other formalities, mining lease was executed in favour of the petitioner on 25.10.13 for a period of 30 years, which was duly registered on 30.10.13. Later, vide notification dated 10.12.15, the mineral Quartz and Feldspar has been declared minor mineral by the Government of India.

(3.) During the audit conducted by the Accountant General, it was revealed that at the time of grant of mining lease in favour of the petitioner, yet another application preferred for grant of mining lease of the mining area in question was pending consideration and therefore, the mining area was not available for allotment to the petitioner herein. Accordingly, on the proposal of the Director, Mines dated 14.5.18, the mining lease executed in favour of the petitioner has been declared null and void, by the order impugned issued by the Joint Secretary, Department of Mines, Government of Rajasthan, under Rule 75 of the Rules of 2017. Hence, this petition.