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Showing contexts for: cluster mining in M/S Karishma Marble vs State Of Rajasthan on 30 May, 2019Matching Fragments
(f) Cost of the petition may kindly be awarded to the petitioner."
3. For the sake of brevity and convenience, the facts, as pleaded in S.B. Civil Writ Petition No.2299/2019 are being taken for the purpose of the present adjudication.
4. The petitioner has been undertaking mining activity for the minor serpentine mineral within the mining lease allotted to (9 of 26) [CW-2824/2019] him. The said lease is part of the cluster of mines located in and around Rishabhdev area in Tehsil Kherwada, District Udaipur and consists of 136 mining leases comprising of total mining area of 281 hectares.
(16 of 26) [CW-2824/2019] "(i) Status of cluster at the time of diversion (i.e. in year 2000):
1. Total diverted forest area in cluster 281.00 hectare
2. No. of mining leases in cluster 136 (Annexure-1)
3. Area of mining leases falling in forest 123.7912 hectares land
4. Ration of forest land diversion to area 2.27 of mining leases (1/3)
(ii) Present status of diverted cluster:
1. No. of mining leases 42 cancelled/surrendered/lapsed (Annexure-2)
28. Learned Additional Advocate General has also drawn the attention of this Court towards Annexure-R/1/8, which is the Handbook of Forest (Conservation) Act, 1980 and Forest (Conservation) Rules, 2003 alongwith the Guidelines & Clarifications issued by the Government of India, Ministry of Environment & Forest, New Delhi, and the relevant portion of the guidelines for preparation of cluster mining proposals reads as under:
"Guidelines for preparation of Cluster Mining Proposals
1. Cluster proposal may be prepared for such leases, which have contiguous boundaries.
2. All the existing mining proposals/fresh proposals in pipelines be included in that including non-forest lands, if within.
3. State will take individual proposals from different lessees in the proforma within relevant documents.
4. However, with covering letter, a comparative statement of all mines with area and other details given and all leases with boundaries be shown in one map.