Point of Law: State Government framed the Rajasthan Minor Mineral Concession Rules, 2017.

JUDGMENT :

1. The lawyers are abstaining from the work, due to strike.

2. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“(1) By an appropriate writ, order or directions the impugned order dated 11.02.2014 (Annex.-03) may kindly be quashed and set aside.

(2) By an appropriate writ, order or directions the respondents may be directed consider the application for renewal of mining lease and grant renewal expeditiously.

(3) Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

(4) Writ petition filed by the petitioner may kindly be allowed with costs.”

3. As the pleaded facts and the record would reveal, originally, lease was granted by the State of Rajasthan for Mineral Soapstone, near Village Ghughra, Tehsil and District Dungarpur, vide State of Mines Rajasthan, Mines Gr. 2 Department, Rajasthan Secretariat, Jaipur vide order No. 2(177)/Khan/gr.2/84 dated 04.01.1985 for an area of 72.52 hectares for a period of 20 years from the date of registration.

3.1 Subsequently the petitioner applied for the renewal of the lease on 9.12.2002 with all the requisite documents. However, the Assistant Mining Engineer, Durgarpur gave a notice dated 19.10.2012 to the petitioner pointing out certain deficiencies. As per the petitioner, all the deficiencies that were pointed out in the notice dated 19.10.2012 were removed and he was waiting for renewal of his lease. Thereafter, the respondents vide order dated 11.02.2014 rejected the renewal application moved by the petitioner on the following three grounds:

a) The requisite consent certificate, required to be obtained from the State Pollution Control Board, in relation to air and water, has not been submitted;

b) No plantation, owing to the environment needs, has been done in the mining area and;

c) In relation to the protected area measuring 24.80 hectares, the requisite approved mining scheme alongwith progressive mining closure plan were not submitted.

3.2 The petitioner made a representation on 24.03.2014, but the same was not considered, and on 20.05.2014, the respondents refused to consider the application of the petitioner, on count of rejection of the renewal application vide order dated 11.02.2014.

3.3 Aggrieved thereby, the petitioner preferred a revision application on 20.10.2014 before the Joint Secretary to the Government of India, Ministry of Mines & Metals, Department of Mines, Revision Section, New Delhi. Upon the submissions made by the counsel for the revisionist, that on count, amongst others, due to change of jurisdiction, the Central Government is not the appropriate authority thereafter, to decide the cases relating to minor minerals, the Joint Secretary, vide order dated 21/29.07.2016, transferred the revision application to the State Government for disposal, as per the law.

3.4 In pursuance of the aforementioned order, the revision application was forwarded to the Government of Rajasthan, and the petitioner also submitted an application on 04.10.2016 in this regard. However, for more than two years, the revision application remained pending before the Joint Principal Secretary, Government of Rajasthan, Secretariat, Jaipur; whereupon the petitioner on 22.03.2018 submitted an application to pass final or appropriate orders on the revision application.

3.5 On 08.05.2018, the Joint Principal Secretary, after a long duration of pendency of the revision application, denied to entertain the same, asserting that the impugned order was passed by the State Government, and therefore, the State Government cannot hear and decide the revision application.

4. The petitioner present in person submitted that the conditions laid down by the respondent authority were already fulfilled by the petitioner, thereby curing the deficiencies pointed out by the respondents, in the following manner:

a) The p