NUPUR BHATI
Dilip Singh (Since died), S/o. Ganga Singh, through his legal representatives – Appellant
Versus
State of Rajasthan through the Secretary, Mines Department, Government of Rajasthan, Secretariat – Respondent
ORDER :
Nupur Bhati, J.
[Civil Writ Petition No. 2720/2022]
1. This writ petition has been preferred by the petitioners, who are the legal representatives of Sh. Dilip Singh, the original allottee, who was allotted Quarry Licence No.215/A, challenging the order dated 15.12.2010 (Annex.3) and 28.12.2021 (Annex.6) passed by Assistant Mining Engineer, Makrana and Joint Secretary Mines, Jaipur respectively. The petitioners have also assailed the recovery proceedings initiated by Mining Department and prayed to declare the same illegal, arbitrary being violative of principles of natural justice.
2. Briefly stated the facts of the writ petition are that a Quarry Licence No.215/A came to be issued in favour of Sh. Dilip Singh, who is now represented by his legal representatives in Village Gunawati Range, Makrana, Tehsil Parbatsar, District Nagaur on 08.07.1985 for mineral marble. In the writ petition, the petitioners have alleged that the they are proceeding with mining operations strictly in accordance with the provisions of the Rajasthan Minor Mineral Concession Rules and the conditions
The judgment establishes that mining authorities have the right to impose penalties for illegal mining activities based on evidence collected during inspections, and that due process must be followed....
For the purpose of Rule 35-A, if the Government feels that the orders passed by the Assistant Director of Mines and Geology, on 16.10.2018 were not in accordance with the provisions of the Act, the D....
The court emphasized that penalties for illegal mining must align with statutory provisions, confirming the authority's limits in directing land restoration without proper jurisdiction.
The court emphasized the importance of proper consideration, adherence to principles of natural justice, and compliance with Section 77 of the Mines Act, 1952 in matters related to quarry leases and ....
The main legal point established in the judgment is the importance of observing the principles of natural justice in administrative decisions, and the requirement for authorities to consider relevant....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.