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2024 Supreme(Raj) 344

SHREE CHANDRASHEKHAR, KULDEEP MATHUR
Manohar Lal S/o Shri Gopi Lal Mewada – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellants : Sanjeet Purohit, Mudit Nagpal.
For the Respondent: Mahaveer Bishnoi.

ORDER :

1. The appellant was aggrieved by the decision of the Mining Engineer communicated to him through the communication dated 21st February 2024 whereby he was informed that the mining lease would expire on 9th May 2024. Challenging this communication, the appellant approached the writ Court in S.B. Writ Petition No. 6641/2024 with a prayer to restrain the respondents to take any action pursuant to the communication dated 21st February 2024.

2. By an order dated 30th May 2024, the writ Court declined to interfere with the communication dated 21st February 2024 on the ground that the lessee who had failed to obtain the Environmental Clearance (in short ‘EC’) cannot be allowed to take benefit of his own wrong.

3. At the outset, we may indicate that the present controversy has its genesis in the decision in Bajri Lease Lol Holders Welfare Society, 2021 SCC Online SC 1043.

4. In Bajri Lease Lol Holders Welfare Society, the following recommendations (except “J”) made by the CEC were approved by the Hon’ble Supreme Court:

    “A. All the Khatedari leases located within 5 Kms from the river bank as well as leases where violation of the lease conditions including misuse of e-ravannas are detect

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