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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Bhanwari Devi, W/o Chaturam – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Government Of Rajasthan – Respondent
ORDER :
SANJEET PUROHIT, J.
1. Present writ petition is filed challenging order dated 16.08.2018 passed by Assistant Mining Engineer, Balesar cancelling the quarry licence issued in favour of petitioner, so also order dated 11.12.2019 passed by Additional Director, Environment & Health, Mines & Geology Department, Udaipur, dismissing appeal preferred by petitioner against cancellation of his quarry licence.
2. Explaining facts of the present case, learned counsel for the petitioner states that quarry licence No. 321, Village Somanada, Tehsil Balesar was transferred and approved in favour of petitioner on 04.06.2012. Since thereafter, petitioner has continuously been undertaking mining activities upon the area in question.
2.1 Learned counsel for the petitioner states that petitioner has always undertaken mining activities in compliance with the provisions of law. However, petitioner has been served with order dated 16.08.2018 wherein it was mentioned that even after the fifteen days’ notice dated 06.05.2014, petitioner has not deposited lease rent, hence, quarry licence issued in favor of petitioner was cancelled, in exercise of powers under Rule 28(3) (x) of the Rajasthan Minor Minera
Mandatory notice before cancellation of a quarry licence must be properly served to ensure compliance with natural justice principles, or the cancellation is legally void.
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
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 established that guidelines under the MMDR Act are prospective and do not affect licenses granted before their enactment.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
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 ....
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