2011 Supreme(Raj) 2589
RAJASTHAN HIGH COURT
Nisha Gupta, J.
Dhanna Lal - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition Nos. 1278, 702, 631, 797 of 2011.
Decided On : 10-10-2011
For the State: Chandra Lekha, Public Prosecutor.
Headnote:Criminal Procedure Code, 1973 – S. 482 Petition to quash the F.I.R. – Offence under – S. 13(1)(d) read with 13(2) of Prevention of Corruption Act and – S. 420, 467, 468, 471/120 – B Indian Penal Code – the issuance of 51 sandstone quarry licences was under allegations, the state Govt. has not shown any objection regarding loss of revenue. The registration of N.O.C was not necessary and the stamp duty was not chargeable. It was contended that the state government issued excess land and faced a material loss. There were not any provision which provides for surrender of excess land and allegation made regarding making false documents. Accordingly the petition allowed and it was observed that continuance of F.I.R was be unjustified in law.
"89. Right of Minerals, mines quarries and fisheries.-The right to all minerals, mines and quarries and to all fisheries, navigation and irrigation in and from, a river shall vest in the State Government shall have all powers necessary for the enjoyment of such a right.
(2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purpose subsidiary thereto, including the erection of offices, women's dwelling and machinery, the staking of minerals and deposit of refuse, the construction of roads, railways or tram lines, and any other purpose which the State Government may declare to be subsidiary to mining and quarrying.
(3) If the State Government has assigned to any person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub- sections (1) and (2) should be exercised by such person, the Collector may, by an order in writing, subject to such conditions and reservations as he may prescribe, delegate such powers to the person to whom the right has been assigned :
Provided that no such delegation shall be made until notice has been duly served on all persons having rights in the land effected and their objection have been heard and considered.
(4) If, in the exercise of the right herein referred to over any land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land, the State Government or its assignee shall pay to such persons compensation for such infringement and the amount of such compensation shall be calcul