Rajasthan High Court - Jaipur
Mohan Lal Purohit vs State Of Raj And Ors on 21 May, 2019
Author: Veerendr Singh Siradhana
Bench: Veerendr Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11035/2018
Mohan Lal Purohit S/o Shri Hari Ram Purohit, aged about 57
years (approx.), R/o Chuna Chowk, Jhunjhunu, Distt.
Jhunjhunu, presently residing at 132 KV Power House, Mani
Vihar Colony, Jhunjhunu.
----Petitioner
Versus
1. State of Rajasthan through Secretary, Mines Department,
Government Secretariat, Jaipur.
2. Dy. Secretary, Mines (Gr. 2) Department, Government
Secretariat, Jaipur.
3. Addl. Director, Jaipur Region, Mines & Geology Department,
Khanij Bhawan, Jaipur.
4. Mining Engineer, Department of Mines & Geology, Sikar.
----Respondents
For Petitioner(s) : Mr. Shobit Tiwari For Respondent(s) : Mr. S. Zakawat Ali, Addl. GC
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Judgment / Order 21/05/2019 Upon hearing learned counsel for the parties at length and taking note of the discrepancies in the process of inspection and determination of alleged illegal excavation for which the petitioner has been inflicted with the impugned penalty; and while assailing the same, learned counsel for the petitioner has been able to demonstrate on the basis of documentary evidence, originating from the department of the State-respondents so also in view of the fact that the matter was considered by a Co-ordinate Bench of this Court, in earlier round of litigation, in a batch of writ applications, lead case being SBCWP No. 6028/2012 (Sunil (Downloaded on 29/06/2019 at 02:56:10 AM) (2 of 4) [CW-11036/2018] Kumar Tibra Vs. State of Rajasthan & Ors.), decided on 24th April, 2014; it has surfaced that the parties agreed for survey of the area involved herein that was allegedly subjected to illegal mining, by a Committee that consisted of the Officers drawn from the department/college, as under:
(1). Geological Survey of India, Jhalana Doongari, Jaipur (2). Indian Bureau of Mines (3). College of Technology, Mining Department, Udaipur (4). MBM Engineering College, Jodhpur to determine the issue of illegal mining of the area.
Learned counsel for the petitioner referring to various documents and materials available on record so also relying upon various opinions, contended that principles of natural justice are required to be followed in the process, where demand of penalty or issue of illegal mining is involved. Further, cardinal principle of natural justice would also be attracted in the process of inspection of site carried out and enquiry contemplated under the rules detailing out the procedure for determination on those aspects. In support of his contention, reliance is placed on the opinion in the case of Mewar Marbles Ltd. Vs. State of Rajasthan: 2002 WLC (Raj.) UC 213, which has been followed consistently in subsequent adjudications in the case of Loonkaran Vs. State of Rajasthan & Ors.: SBCWP No. 7074/2013, decided on 23 rd September, 2015, Fali Ram Meena Vs. Union of India & Ors.: 2012 SCC Online Raj. 1171, Smt. Saroj Sharma Vs. State of Rajasthan & Ors.:
1993 (2) WLC 745, Rsshid Ahmed Vs. State of Rajasthan & Anr.: 1999 (3) WLC 736 and Kamlesh Aagaal Vs. State of Rajasthan and Ors.: SBCWP No. 7108/2014, decided on 5th December, 2014.
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(3 of 4) [CW-11036/2018] The legal proposition as declared in the case of Mewar Marbles Ltd. (supra) and followed in subsequent opinions; could not be dislodged by Mr. S. Zakawat Ali, Addl. GC. Further, there is voluminous record and materials available on record, which demonstrates that the Neem Tree which was indicated as "Fixed Reference Point (FRP)", did not exist on the spot. There have been discrepancies in measurement of adjoining mining area of other lease holders on account of measurement of the mining leases reflected as 50x60 meters and/or 60x50 meters.
In view of the above, learned counsel for the parties agreed for determination of the matter afresh by survey of the mining area involved herein and for determination of alleged illegal excavation of the mineral; by a Committee to be constituted of the Officers drawn from the following department/college i.e. (1). Geological Survey of India, Jhalana Doongari, Jaipur (2). Indian Bureau of Mines (3). College of Technology, Mining Department, Udaipur (4). MBM Engineering College, Jodhpur The Committee constituted, as aforesaid, would ensure that petitioner is associated with the proceedings of survey, inspection and determination of the alleged illegal excavation of the mineral involved herein without fail.
The respondent-Department thereafter would proceed to determine the demand for illegal mining, if any, and would proceed strictly, in accordance with law, to determine the liability of the petitioner.
In view of the above, impugned orders dated 9th November, 2016, Notice dated 21st October, 2014, and 6th April, 2015, so also order dated 24th April, 2018; are hereby quashed. Respondents (Downloaded on 29/06/2019 at 02:56:10 AM) (4 of 4) [CW-11036/2018] have further undertaken to do the needful, as indicated above, within a period of two months.
With the observations and directions, as indicated above, the writ application stands disposed off.
(VEERENDR SINGH SIRADHANA),J MADAN MEENA /374/77 (Downloaded on 29/06/2019 at 02:56:10 AM) Powered by TCPDF (www.tcpdf.org)