A mining lease granted on pasture land is void from the beginning and cannot be renewed.

1. - We have heard learned counsel for the parties.

2. This writ petition has been filed in the public interest with the following prayers:

“10. Relief(s) prayed for:

It is therefore, humbly prayed that this petition in the form of Public Interest Litigation may kindly be allowed. By issuing an appropriate writ order or direction;

(i) The respondents may kindly be ordered to stop any kind of mining activity in the Khasra No.1 of Village Boyal Tehsil Sojat City Dist. Pali which is recorded and has been using as Gochar Land.

(ii) The State may further be directed to investigate into and to ascertain the damage/loss inflicted on the land, people, animal of the region; and cause reparation.

(iii) The cost of the writ petition may kindly be awarded in favour of the petitioner.

(iv) Any other writ, order or direction which your Lordship may deem just and proper in the facts and circumstances stated above, in favour of the petitioner may kindly be allowed.”

3. The pleadings have been exchanged. In pursuance of the order of this court dated 1.4.2015, the original record has been produced, which shows the deep and pervasive corruption prevailing in the office of the Mining Department.

4. The mining lease No.36/85 of which an area fell into two villages viz; Khasra No.1 in village Boyal and Khasra Nos.248 to 254 in village Basna in Tehsil Sojat City, District Pali, was the subject matter of the enquiry by the Collector, Pali in the Revenue Application No.8/1986 made by the villagers of village Boyal and Gadoliya Luhar Samiti, Sojat through Puna Ram against Prakash Chandra s/o Ram Chandra Bhati r/o Sojat City. The Collector, Pali, in his order dated 18.8.1986 found that the land in Khasra No.1 in village Boyal is a pasture land on which the lease could not have been granted. After hearing both the parties, he recorded the finding that the lease in Khasra No.1 in village Boyal was null and void from the very beginning and it did not give any rights to the lessee. He further held that despite his order, if the lessee tries to take possession or carry out the mining operations, steps will be taken to remove the encroachments and that the Mining Department will be intimated for cancellation of the lease.

5. The Collector in his order dated 18.8.1986 found that Gadoliya Luhar Samiti is recorded to be the khatedar of the land and that the consent given by the three persons individually claiming to be khatedars, will not be treated as valid consent because the land was in joint khatedari. The Collector in the operative part of the order recorded that so far as the mining operations on the land of the Gadoliya Luhar Samiti without their consent is concerned, the same was illegal and consequently, the lessee was restrained from mining in the area. The Collector also observed that the Assistant Mining Engineer has stopped the mining operation and that he may initiate proceedings under Section 89 (3) and (4) of the Rajasthan Land Revenue Act for grant of compensation to the khatedars.

6. The respondent-mine holder challenged the order of the Collector, Pali dated 18.8.1986 in a writ petition in which the following interim order was passed on 23.8.1986:

“Issue notice of the stay application, returnable within two weeks. Notices be given 'Dasti' for service to the learned counsel. Meanwhile, petitioner shall be allowed to excavate the old mines which is already excavating in Khasra No.1 in village Boel.

Petitioner shall not be allowed to excavate new area. The order will be effective after service on respondent No.1.”

7. The writ petition remained pending from 1986 to 1999. On 2.2.1999, a submission was made by learned counsel for writ petitioner Shri Prakash Chandra that as the mining lease has expired, the writ petition may be dismissed as withdrawn on which the following order was passed by the court:

“Learned counsel for the petitioner wants to withdraw the writ petition, in view of subsequent events and expiration of lease in question. The writ petiti