The Rajasthan High Court has directed the state government to follow the strict procedure as laid down in the Rajasthan Tenancy (Government) Rules, 1955, while renewing or granting fresh lease for mining purposes.
The Division Bench of Chief Justice Pankaj Mittal and Justice Sandeep Mehta disposed of a PIL, which alleged that illegal mining activity was going on at the pasture land of Village Dungar Ji Ka Guda, Tehsil Garbhor, District Rajsamand.
The petitioners, by means of the petition, want that the aforesaid illegal mining activity which is being carried on by the private respondent over 150 bigha of Gochar land be immediately stopped and in the alternative, the villagers should be allocated some alternative additional land for the purposes of pasture.
While considering the PIL , the Bench observed that it is not in dispute that the private respondent who is carrying on mining activity on the land , has a mining lease in his favour since the year 1985.
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The mutation in respect of the said mining purpose was carried out in 2002. Despite the above, the petitioners have not cared and taken any steps to raise their above grievance earlier to it. The petition has been filed in the year 2021.
Therefore, the petition suffers from gross delay and laches. Moreover, the petitioners have not prayed for quashing any mining lease granted in favour of the alleged private respondent nor had impleaded him as one of the parties.
“He got himself impleaded subsequently by moving an application. The petitioners were aware that the mining is being carried on by the private respondent as is reflected from their representation dated 15.09.2020 but even then, he was not impleaded.”
It has also been brought to the notice of the Court that the mining lease granted in respect of an area of 24.828 hectares has been renewed for a further period of 20 years w.e.f. 11.09.2005.The petitioners have not averred and pleaded anywhere in the petition that sufficient land for the purpose of pasture is not otherwise available in the village.
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In view of the aforesaid facts and circumstances, the Court disposes of the petition with liberty to the petitioners to make a representation, if so advised, for the purpose of allotment of alternative land for pasture purposes if the land already available for the said purpose is not sufficient.
“It goes without saying that the State authorities would not renew or grant fresh lease for mining purposes otherwise then following the strict procedure as laid down in the Rajasthan Tenancy (Government) Rules, 1955.The respondent authorities shall ensure that the lessee shall not carry out any mining beyond the area of the lease granted to him.”
-the Bench ordered.