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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

S.B. Civil Writ Petition No.2372/2014

All Rajasthan Bajri Truck Operators Welfare Society

Versus

State of Rajasthan & Ors.

DATE OF ORDER : 18/12/2014

HON'BLE MR. JUSTICE M.N. BHANDARI

Mr. R.P. Singh, for petitioner

Mr. Anurag Sharma, Additional Advocate General

Mr. Ashok Gaur, Sr. Adv. with Mr. S.S. Shekhawat, for respondent/s

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This writ petition has been filed by All Rajasthan Bajri Truck

Operators Welfare Society to seek a restraint order on the lease

holders from loading trucks in excess to permissible limit. The

direction is also sought for making them accountable for violation of

the provisions of Motor Vehicles Act, 1988 (in short “Act of 1988” ).

It is submitted that excavation of Bajri is governed by Rule 63

of Rajasthan Minor Mineral Concession Rules, 1986 (in short “Rules

of 1986”). As per provision, then existing, any one was free to

excavate and pay royalty at the Check Post of the Mining Department

for its further transportation. The practice aforesaid was deprecated

by Apex Court in the case of Deepak Kumar Vs. State of Haryana,

reported in (2012) 4 SCC 629. A direction was given for excavation

of Bajri only from identified areas and for which lease should be

granted after necessary sanction.

The State of Rajasthan amended the Rules of 1986 vide its

Notification dated 23.05.2012 and thereafter Notification dated

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19.06.2012. The Scheme of excavation of Bajri was amended. As per

amended Rules, letter of Intents were issued to the applicant for

obtaining requisite sanction from the Ministry of Environment for

grant of lease. In the meanwhile, excavation of Bajri was allowed as

per prevalent practice despite amendment in the rules and the order of

Hon'ble Apex Court in the case of Deepak Kumar (supra). A writ

petition was then filed bearing No.13189/2013 where an order was

passed on 15.04.2013 directing the State of Rajasthan to implement

the amended rules within a period of six months. Since the scheme

could not be implemented, an application was submitted by the State

for extension of time. The application aforesaid was dismissed by the

court, thus a challenge to the order was made before Hon'ble Apex

Court in two different SLPs. The Apex Court passed interim order on

25.11.2013 to allow excavation of Bajri through eighty two lease

holders. In view of above, till leases are granted after clearance by the

Environment Department, the excavation for Bajri is permitted

through LOI holders.

The issue raised in the writ petition is about transportation of

Bajri. During pendency of the writ petition, even the issue of illegal

excavation of Bajri was raised. It is by other than eighty two LOI

holders, who alone are permitted to excavate Bajri from the identified

areas, as per interim order of Apex Court.

Learned counsel for petitioner-society submitted that as per the

provisions of the Act of 1988, loading of the commercial motor

vehicle can be within the permissible limit however in violation of the

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provisions of the Act of 1988, truck owners are forced to load Bajri in

excess to the permissible limit. This is due to involvement of Mining

Mafias. The overloading is ignored by the Mining Department as they

are concern only for collection of royalty though the Mining

Departments should not permit violation of the Act of 1988 and the

Rules made thereunder. It is moreso when overloading is restrained

by the Apex Court also. A reference of Section 194 of the Act of

1988 was given which provides fine, if any motor vehicle carry

excess load. The further reference of Section 199 of the Act of 1988

is given to make even company liable for overloading of vehicle but

ignoring the aforesaid provisions, the truck owners are forced to

overload the vehicle despite of their resistance. When they refused to

overload, they are manhandled. They made representation to all

conce