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1988 Supreme(Raj) 897

M.B.SHARMA, I.S.ISRANI
Veer Bala Purohit – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Under the powers vested in the Central Government under Section 13 of the Mines and Minerals (Regulation and Development) Act, 1957 (for short, the Act), the Mineral Concession Rules, 1960 (for short, the Rules of 1960) were framed by the Central Government. The said Rules, it is not disputed, only cover the grant or renewal etc. of mining leases for major minerals. The Rajasthan Minor Mineral Concession Rules. 1986 (for short, the Rules of 1986) were framed by the State Government in exercise of the powers conferred under Section 15 of the Act and so far as Rules of 1986 are concerned, provision has been made for grant of mining lease and their renewals. Under sub-rule (6) of rule 4 of the Rules of 1986 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.

2. There is no dispute that in the present case the petitioner applied for grant of mining lease in respect of area comprising of 207.205 hactares in accordance with rule 22 of the Rules of 1960 near village Raisala, Tehsil Jamwaramgarh District-Jaipur. The petitioner was grant








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