Jagpal Singh & Ors vs State Of Punjab & Ors on 28 January, 2011
It is, however, submitted that in
past, mining leases were granted based on the
NOC of Gram Panchayat alone. If that is so then
also illegality cannot be perpetuated by this
Court. When the revenue laws mandate so as the
circular for an order of the Collector, mining lease
cannot be granted based on the NOC of Gram
Panchayat alone, rather, after NOC of Gram
Panchayat, an order is to be passed by the
Collector for set-apart of pasture land. Now, in
view of the judgment of the Apex Court in the
case of Jagpal Singh & Ors. Vs. State of Punjab &
Ors. reported in AIR 2011 SC 1123, the pasture
land cannot be allowed for any other purposes
unless it falls in the exceptional category. The
case in hand is not of such a nature thus I do not
find any ground to cause interference in the
impugned order for rejection of application for
grant of mining lease. I am not going in the issue
that now after introduction of the Rules of 2017,
all the pending applications have lapsed. In view
of the above, this writ petition is dismissed
finding no merit therein."