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2018 Supreme(Raj) 1807

PRADEEP NANDRAJOG, G.R. MOOLCHANDANI
Sanjay Kumar Garg – Appellant
Versus
Secretariat, Jaipur – Respondent


Advocates Appeared:
K.K. Sharma Senior Advocate assisted by Mr. S.S. Shekhawat Ms. Alankrita Sharma and Mr. Madhusudan S. Rajpurohit, Advocates, For Appellant; Mr. Anurag Sharma AAG with Mr. Krishnaveer Singh, Mr. Anirudh Mathur, Mr. Gaurav Bhardwaj, Mr. R.N. Mathur, Sr. Advocate assisted by Mr. Prateek Mathur, Mr. Ashwini Chobisa, Mr. Vimal Choudhary, Mr. Yogesh Kumar, Mr. Gaurav Choudhary, Mr. Punit Singhvi, Mr. A.K. Sharma, Senior Advocate assisted by Mr. Rachit Sharma, Mr. Manish Gupta, Mr. Rajendra Prasad AAG with Mr. M. Shiromani Sharma, Advocates, For Respondents

JUDGMENT

Pradeep Nandrajog, C.J. - The petitioner filed the above captioned writ petition informing that he was issued a Letter of Intent for mining Bajri in Tehsil Mozamabad, District Jaipur. In paragraph 1 of the petition he pleads that he is aggrieved by the action of the respondents in permitting mining of sand without there being any scientific replenishment study; granting short term permits under Rule 51 of the Rajasthan Minor Mineral Concession Rules, 2017 and granting mining lease on agricultural land.

2. Case pleaded in the writ petition is that mining of bajri in the State of Rajasthan was hither-to-fore governed by the Rajasthan Minor Mineral Concession Rules, 1986 and as per proviso to Rule 63(3), no permission was required to mine bajri. Only royalty had to be paid. It is pleaded that vide notification dated 21/05/2012 the rules were amended. (the nature of amendments not being pleaded in the writ petition). It is pleaded that the Letter of Intent holders applied to the Ministry for being granted the necessary permission but on account of non-grant of environmental clearances, permissions have not been granted. It is pleaded that law requires scientific replenishment s

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