Point of Law: A person aggrieved by the order granting mining lease can challenge the same before the appropriate authority of the Central Government. The petitioner-Society did not avail the alternative efficacious remedy and has directly approached this Court and that too without any locus standi.

JUDGMENT :

1. By way of present writ petition filed in the nature Public Interest Litigation, the petitioner has prayed for the following reliefs:-

(a) by an appropriate writ; order or direction, the respondent authorities may be directed to cancel the Patta No.631/2005 issued to respondent No. 5 for allotment of 343.4317 hectare of Charagah land in villages Samodi, Dariba, Pansal, Malola, Suras and;(b) the respondents may further be directed to stop mining activities in the nearby area of villages Samodi, Dariba, Pansal, Malola, Suras of Bhilwara District and;

(c) the respondents may further be directed to reconstruct each and every house which is damaged due to mining activities and blasting by the respondent No. 5 or pay the actual cost of their houses as compensation to the each and every owner of house whose houses have been damaged.

(d) the respondents may further be directed to repair the public places like Temples, Masjid, Roads, Govt./Semi Govt, buildings and any other building or structures which have damaged due to illegal mining activities and blasting by the respondent No. 5.(e) the respondent authorities may be directed to constitute a committee for the evaluation of the losses mentioned in para (d) and (e) above and according to the recommendation of committee the actual cost of loss suffered by the citizen may be allowed to them along with interest @18% per annum.

(f) heavy penalty may be imposed on the respondent No. 5 and respondents may be directed to recover all the losses as mentioned in para (c), (d) and (e) above from respondent No. 5 company.

(g) Any other order, which this Hon'ble Court considers just and proper, may kindly be passed in favour of the petitioner.

2. Heard learned counsel appearing for the respective parties.

3. Learned counsel appearing for the petitioner-Society submitted that respondent Nos.1 and 2 allotted a land in Villages Pur Malola, Samodi, Dariba, Suras, which was reserved as 'Charagah' land in the revenue record, to respondent No.5- M/s Jindal Saw Limited for mining activities on lease for a period of 30 years, but no land in lieu of said land was allotted to these villages, which is contrary to the provisions of the Rajasthan Tenancy Act, 1955 (for short, 'the Act of 1955')- It was submitted that vide letter dated 06.08.2009 (Annexure-3) issued by the respondent No. 1-State of Rajasthan, the District Collector, Bhilwara was informed that government sanction has been granted to respondent No.5 for mineral, iron and mining activities in the urban area of Bhilwara Nagar Parishad as well as concerned villages, therefore, 'No Objection Certificate' be issued in favour of respondent No.5. It was further submitted that respondent No.l thereafter issued a letter dated 16.07.2010 (Annexure-4) directing the District Collector, Bhilwara to grant 'NOC' to respondent No.5 in relation to Mining Patta No.631/2005 in village Samodi, Dariba, Pansal, Malola and Suras for undertaking mining activities, as per Rule 7(2) of the Rajasthan Tenancy Act, 1955. District Collector, Bhilwara was also directed to ensure compliance of government sanction dated 30.04.2010, vide which the Secretary, Revenue (Group-3) Department, Rajasthan, granted no objection to respondent No.5 for 334.4317 hectares of Gochar land comprising of land falling in Village Samodi, Dariba, Pansal Malola and Suras for mining activities. Thereafter, vide order dated 16.11.2010 (Annexure-5), respondent No.5 was granted mining patta under Rule 22(1) of the Mining Rules, 1960 for mining of gold, silver, led, zink, copper, iron, cobalt, nickle and associated minerals in village Dedwas Tehsil & District Bhilwara.

4. It was further submitted that the members of the petitioner- society have submitted a representation to the District Collector on 13.09.2018 with a request that the agreement dated 05.10.2011 regarding filling of two water tan