1. - Since common questions of law and facts are involved in both the writ petitions, they were heard together and are being decided by this common order.D.B. Civil Writ Petition No. 2959/1996-

2. The writ petition No. 2959/1996 has been filed by the Union of India through Railways with the following prayers:-

"(i) by an appropriate writ, order or direction, the mining activities within a distance of fifty meters from the Railway line may be ordered to be closed down immediately and all mining leases granted within a distance of 50 mtrs. from the railway lines be declared illegal and void with a further direction to the Mining Department to take steps to close those mining activities;

(ii) by an appropriate writ, order or direction, a proper committee may be ordered to be constituted for submitting a report to the Court about the illegal mining activities which is being carried on near the Railway line in the prohibited limits near the Railway lines which are situated in a distance of ten kilometers around the Makrana Railway Station;

(iii) by an appropriate writ, order or direction, the respondents may be directed to take immediate action against the persons who are undertaking illegal mining activities and to prosecute them for committing offence under the Railways Act, 1989, Indian Penal Code and the Mines and Mineral (Regulation and Development) Act, 1957 and to take further steps to (sic) any such mining activities in future.

(iv) by an appropriate writ, order or direction, it may (sic) be ordered that all injunctions granted by any Civil Court permitting any mining to operate in the prohibited zone shall stand vacated and the civil suits filed and pending in the Courts of Civil Judge, Makrana and Parbatsar or any other Court in relation to the subject matter in question may be ordered to be dismissed....

3. The petitioners-Railways, who are responsible for maintenance and safe running of Rail traffic both goods and passengers, have submitted that under the programme of conversion of meter gauge to broad gauge, the railway line between Jaipur and Jodhpur was converted to broad gauge from meter gauge and branch lines were also converted. After laying down broad gauge line, heavy traffic of goods and passenger trains started on Jodhpur-Jaipur route and now the load per goods train is more than 4500 tonnes which was about 1250-1300 tonnes per goods train in meter gauge. It was further submitted that in between the railway line falling from 65/8 to 67/0 kms. between Makrana and Borawar Railway Stations and on portion of the track in the line Makrana to Parbatsar in between 0/17 to 4/2, large number of mining activities are carried on daily near the railway track. These mines are mainly of marbles and the Mining Department of the State has granted mining leases for carrying out mining operations in flagrant violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as "the Act of 1957"), The Mineral Concession Rules, 1960 (hereinafter referred to as "the Rules of 1960") and the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as "the Rules of 1986"). Even where the leases have been granted beyond the prescribed limits from Railway lines, the authorities of the Mining Department and the Police Department are permitting the mining activities underneath beyond the leased area causing serious threat to the railway lines and safety of the passengers and goods trains. As per the provisions of Rule 27(1)(h) of the Rules of 1960, no mining lease can be granted nor any mining operations can be carried out at any point within the distance of 50 meters from any Railway line except under and in accordance with the written permission of the Railway Administration concerned. Similarly, under Rule 18(26) of the Rules of 1986, no mining lease can be granted for a minor mineral nor a lease can be allowed to work at any point within the distance of 45 meters fr