Rajasthan High Court - Jodhpur
Iqbal Khan vs The State Of Rajasthan on 19 July, 2021
Bench: Sandeep Mehta, Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 7510/2021
Iqbal Khan S/o Shri Abdul Sattar, Aged About 27 Years, R/o
Muslim Mohalla, Ward No. 01, Pokaran, District Jaisalmer.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Chief Government
Of Rajasthan, Secretariat, Jaipur.
2. The State Of Rajasthan, Department Of Revenue,
Government Of Rajasthan, Jaipur Through Secretary,
Secretariat, Jaipur.
3. The District Collector, Collectorate, District Jaisalmer.
4. The Divisional Commissioner, Jodhpur, Collectorate Office,
Jodhpur.
5. The Sub-Divisional Magistrate, Pokaran, District Jaisalmer.
6. The Tehsildar, Tehsil Pokaran, District Jaisalmer.
7. Mining Engineer, Department Of Mines And Geology,
Rambagh Road, Ram Kund, Jaisalmer.
8. The Additional Chief Engineer, Department Of Water
Resource, Water Resources Zone, Lal Sagar, Kishore Bag,
Jodhpur (Raj.)
9. M/s Bhimji Velji Sorathia Construction Pvt. Ltd., Having
Registered Office At Plot No. 112-113, Arbuda Nagar,
Survey No. 10/2 And 10/3, Village Antarjal, Taluka
Gandhidham, District Kutchh (Gujarat) Through Its
Director.
----Respondents
For Petitioner(s) : Mr. Dinesh Godara
For Respondent(s) : Mr. Sandeep Shah, A.A.G., with Ms.
Pratyushi Mehta, for the respondents
Nos.1 to 8
Mr. Vikas Balia, through VC, for
respondent No.9
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order (Downloaded on 19/07/2021 at 09:08:53 PM) (2 of 4) [CW-7510/2021] 19/07/2021 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 (Downloaded on 19/07/2021 at 09:08:53 PM) (3 of 4) [CW-7510/2021] 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 (Downloaded on 19/07/2021 at 09:08:53 PM) (4 of 4) [CW-7510/2021] 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.
(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J
22-Pramod/-
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