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2021 Supreme(Raj) 1561
RAJASTHAN HIGH COURT
Sandeep Mehta, Manoj Kumar Garg, JJ.
Iqbal Khan - Appellant
Versus
State of Rajasthan & Ors. - Respondents
D.B. Civil Writ Petition No. 7510/2021
Decided On : 19-07-2021
Mr. Dinesh Godara, Advocate, for the Petitioner; Mr. Sandeep Shah, A.A.G, with Ms. Pratyushi Mehta, Advocate, for the Respondent; Mr. Vikas Balia, through VC, for the Respondent No. 9
The court affirmed that short-term mining permits can be issued for government projects under Rule 51 of the Rajasthan Minor Mineral Concession Rules, 2017.
Headnote:
Mining - Public Interest Litigation - Rajasthan Minor Mineral Concession Rules, 2017 - The court upheld the issuance of a short-term mining permit for a public water supply project, interpreting Rule 51 as allowing such permits for government works.
Fact of the Case:
The petitioner filed a writ petition to stop illegal sand mining and sought action against those involved, claiming damage from mining in designated salt excavation areas. The petitioner previously filed a similar petition, which was disposed of with liberty to renew.
Finding of the Court:
The court found the petitioner's claims misconceived as the permit in question was for a different Khasra number and was not challenged. The permit was deemed valid under the Rajasthan Minor Mineral Concession Rules, 2017 for a public project.
Issues: Whether the short-term mining permit issued for Khasra No.558 was valid under the Rajasthan Minor Mineral Concession Rules, 2017, and whether the petitioner's objections were justified.
Ratio Decidendi: The court held that the issuance of the short-term permit was in accordance with Rule 51 of the Rajasthan Minor Mineral Concession Rules, 2017, which allows permits for government projects, thus dismissing the petition.
Result: The writ petition is dismissed.
JUDGMENT
The instant writ petition (Public Interest Litigation) has been filed by the petitioner with the following prayers :-
(1) It is, therefore, prayed that the respondent authority may kindly be directed to stop the land mafia from illegal mining and transportation of sand in Khasra No.183, 186, 938 of Pokaran and 185 of Village Didaniya and 558 of Village Kerawa Tehsil Pokaran District Jaisalmer.
(2) The respondent authorities may kindly be directed to take immediate action against the person involved in illegal minding and soil/sand transportation.
(3) That the respondent authority may kindly be directed to fill up the patches caused by illegal excavation in Khasra No.183, 186, 938 of Pokaran and 185 of Village Didaniya and 558 of Village Kerawa Tehsil Pokaran District Jaisalmer.
Previously, the petitioner had approached this court by an identical writ petition No.16477/2019, which was disposed of by this court vide order dated 30.07.2020 and the petitioner was given liberty to renew the prayer in a fresh writ petition, if occasion so arises and now, this second writ petition (PIL) has been filed by the petitioner with the grievance that the respondents have allowed mining of sand to be carried out on salt excavation areas of Pokaran, which is causing damage to the entire area and loss to the petitioner.
Learned counsel Mr. Dinesh Godara, representing the petitioner, vehemently and fervently contends that the respondent Mining Department is acting contrary to the bid document (Annex.5), wherein the borrow areas were designated, but now the short term mining permit has been granted for different area covering the salt mining area.
Mr. Sandeep Shah, learned Additional Advocate General, has drawn the court's attention to the short term permit (Annex.R/1/1) and submits that the permit has been issued by the respondents for sand mining for the Khasra No.558 so that the water supply project, which supplies drinking water to Pokaran area and 580 adjoining villages. The permit allows mining to be undertaken from Khasra No.558, being a government land, and as such, the petitioner cannot raise any objection thereto. Mr. Shah urges that the respondents are not restricted by the conditions of the bid document for issuing the short term permit. In this regard, he drew the court's attention to Rule 51 of the Rajasthan Minor Mineral Concession Rules, 2017 and urged that this rule clearly permits the State Mining Authorities to issue short term permit for excavation of mineral and murram, which are required for Government works. He submits that the construction of RWR Diggi is being undertaken for supplying drinking water to Pokaran and 580 adjoining villages, which is a project of immense public importance. Hence, the grievance, which is being raised by the petitioner in this writ petition, is motivated and misconceived.
We have given our thoughtful consideration to the submissions advanced at bar and have gone through the material available on record.
Suffice it to say that the petitioner's grievance that the respondents have permitted mining to be undertaken in salt excavation areas of Khasra Nos.183, 186 and 938, which is ex facie misconceived because the short term permit (Annex.R/1/1), which has been issued by the respondents, pertains to Khasra No.558. That apart, the short term permit dated 04.05.2021 has not been challenged by the petitioner. As per Rule 51 of the Rules of 2017, it is permissible to issue short term permit for executing works of Government/semi government/local bodies/Panchayat Raj Institutions or organizations aided or funded by the Government. Thus, the short term permit (Annex.R/1/1) dated 04.05.2021 is in consonance with the rules and that apart, it has not been challenged by the petitioner. The sand excavation which is permitted under the permit is for executing a water supply project of immense public importance.
Hence, we find no merit in this writ petition (Public Interest Litigation), which is dismissed as such
