The court affirmed that the dies-non period for a mining lease is calculated from the date of registration, and failure to obtain necessary clearances precludes the lessee from claiming benefits.

ORDER :

(Nupur Bhati, J.)

Though the matter has been listed in the 'Fresh' category, at the joint request of both the parties, the matter is heard finally today itself.

2. This writ petition has been filed challenging the communication dated 21.04.2024 (Annex.21) issued by the respondent no. 2 whereby the petitioner was informed that the mining lease of the petitioner was coming to an end from 09.05.2024. The petitioner also prayed that the respondent authorities be restrained from terminating the mining lease on 09.05.2024 and taking any coercive action against the petitioner. The petitioner has also sought directions to the respondent no. 3 to issue EC in favour of the petitioner and also the cost of the writ petition to be allowed in favour of the petitioner. Certain ancillary relief(s) have also been sought by the petitioner.

3. Briefly stated, the facts of this petition are that the petitioner applied for the mining lease of mineral bajri in the 376.5088 hectare area situated in Tehsil Amet, District Rajsamand ) 'mining lease area' in the year 2013 and vide order dated 26.02.2013 (Annex.1), the Joint Secretary to the Government, approved the mining lease for 5 years in favour of the petitioner. Subsequently, the petitioner submitted its application for Environment Clearance ('EC') on 12.11.2013 and the Terms of Reference have been issued to the petitioner on 09.12.2013.

4. In the meanwhile, Hon'ble Apex Court in the case of Chief Secretary, Government of Rajasthan v. National Green Tribunal, Bar Association and Ors. [Civil Appeal No. 9703- 9706 of 2013] directed the 82 applicants in whose favour letter of intent had been issued ('LoI') by the State of Rajasthan to carry on the mining operations till February 2014, vide order dated 25.11.2013. In pursuance of the same, the Mining Department issued an order dated 19.12.2013 in favour of the petitioner, granting temporary work permission for undertaking the mining activity in the mining lease area till 28.02.2014 and subsequent thereto, a temporary work permission contract was executed between the Mining Department and the petitioner on 26.12.2013 (Annex.3).

5. Thereafter the Hon'ble Apex Court further extended the time limit for operating on the mining area for a period one month and directed the 82 lease holders to continue their respective mining operations till 31.03.2014, vide order dated 24.02.2014 (Annex.4). In pursuance of the said order, another temporary work permission contract had been executed between the Mining Department and the petitioner on 28.02.2014 (Annex.5). Furthermore, the Hon'ble Apex Court permitted the 82 lease holders to continue their respective mining operations till further orders, vide order dated 27.03.2014 and 31.03.2014 (Annex.6 and 7) and subsequently another temporary work permission contract was executed between the Mining Department and the petitioner on 31.03.2014 (Annex.8).

6. However, Hon'ble Apex Court vide order dated 16.11.2017 (Annex.9) restrained the mining operations of all the 82 lease holders and subsequently the respondent no. 2 informed the petitioner vide order dated 17.11.2017 (Annex.10) to stop the mining operations with immediate effect. The order dated 16.11.2017 (Annex.9) remained in currency till 2021 and vide order dated 11.11.2021 (Annex.11) passed by the Hon'ble Apex Court in the case of Bajri Lease Holders Welfare Society v. State of Rajasthan and Ors. [Interlocutory Application No.29984 of 2021], accepted the recommendations of Central Empowered Committee ('CEC') and directed the Ministry of Environment and Forests ('MoEF') to issue the EC in respect of valid LoI holders without insisting upon submission of the scientific study report. In the said order, directions were also issued that the river sand mining in Rajasthan is to be permitted after obtaining all the statutory clearances and the period of actual mining of sand under the temporary work permission should be adjusted against the 5 years of lease period.