 inviting application for issuing quarry licences for mining activities in village Khirja Fatehsingh, Tehsil Shergarh, District Jodhpur.){kind=link}
The Rajasthan High Court imposed a Cost of Rs.50,000/- on the Petitioner and dismissed a Public Interest Litigation (PIL) filed by the petitioners assailing the auction proceedings vide e-auction notice dated 09.02.2022 issued by the second respondent (Director Of Mines And Geology Department, Udaipur) inviting application for issuing quarry licences for mining activities in village Khirja Fatehsingh, Tehsil Shergarh, District Jodhpur.
In the petition, it has been stated that the proceedings drawn by the respondents for grant of quarry licences on the subject land are against public interest as it would adversely affect the flow of rainy water and will also affect the catchment area of various small ponds on which the people and cattle are dependent. It has been stated in the petition that on accepting the demand of villagers of village Khirja Tibna, the State Government sanctioned construction of a model pond in the year 2017-18. It followed construction of small ponds under MANREGA scheme.
Further statement was made by way of affidavit in the petition is that after issuance of e-auction notice, the authorities were requested to keep tree plantation, water flow area and catchment area from mining activities and grant quarry licence after making proper demarcation of the land allotted to Suzlon Wind Energy for the land of village Khirja Fatehsingh. Several representations were made. On such pleadings and grounds, challenge to auction proceedings towards grant of quarry licences is made.
In the reply filed by the respondents, it has been stated that e-auction proceedings for quarry licences have been undertaken strictly in accordance with law and after ensuring due compliance of all the requirements including environmental clearance. Prior to grant of quarry licenses, a joint demarcation was carried out by the Patwari Tibna, Shergarh and the Mines Foreman-II. The auction plots, as per the report, fall in Khasra of village Khirja Fatehsingh and, as per the revenue record, the nature of the land is Gair Mumkin Magra in the name of the Government. Further, there is no abadi, public place, public road, oran/devvan/pavitra-van in the area. Neither there is any catchment area or water reservoir within 45 meters of the area. Thus, the location of the quarry licences is in accordance with the Rule 28 of the Rajasthan Minor Mineral Concession Rules, 2017.
A map was prepared in respect of the area of 62 quarry licences having a total area of 64.645 hectare and a superimposed map showing the delineated quarry licence was also prepared and approved by the patwari concerned and placed on record. Khasra trace map is also placed on record. No objection was obtained from the Deputy Conservator of Forest, Jodhpur vide communication dated 25.10.2021, and according to which, it is reflected that the land of Khasra does not fall within the forest area. Mineral availability report was also obtained from the Superintending Geologist, Department of Mines and Geology, Jodhpur. The proposed area is reported to be appropriate for delineation for mineral sandstone. As an electricity line was passing through, a report was called regarding shifting or displacement of the same. As per the report of the Assistant Mining Engineer, Balesar, Jodhpur, the area was found fit for delineating of mineral sandstone. Apart from certain Babool plants, there was no plantation on the land in question. It has also been stated that there is no nadi, nala, catchment area or water source within the prohibited area in question, which is supported from the report dated 21.10.2021.
Upon receipt of direction from the Central Jal Shakti Ministry for allotment of quarry licence in Khirja Fatehgarh, site inspection was carried out on 08.03.2022 by SDO, Fatehgarh, Tehsildar Shergarh, Patwari Tibna, the Mining Engineer, Jodhpur and the Assistant Mining Engineer, Balesar. As per the report, there was no plantation found upon the land in question. No nadi, nala, talab or catchment area on the proposed land for grant of quarry licence were found as per the report. Upon verification of the location of nadi pointed out by the villagers, the same was found to be falling in khasra and was at a distance of 150 meters from the delineated area. Further, upon verification of the location of anicut pointed out by the villagers, the same was found in Khasra at a distance 250 meters from the delineated area. The plantation pointed out by the villagers was found to be in Khasra No.216 and the boundary of Khasra is at a distance of 135 meters from the delineated area. This is supported by an inspection report dated 08.03.2022.
After completion of auction proceedings, a letter of intent was issued to 45 successful applicants. At this stage, the Additional Advocate General would submit that later on, some more LoIs were issued and thus in total 56 LoIs were issued which is reflected from the sur-rejoinder. The report dated 07.04.2022 of the Water Resources Department also indicates that within the delineated area of proposed quarry licences, there is no catchment area. It is also clear from the reply of the respondents that even environmental clearance was also granted. Indeed, it is a condition incorporated in the auction notice that environmental clearance will have to be obtained.
In the rejoinder, it is stated that the revenue records and the reports of various authorities are sought to be disputed on the basis of certificates issued by the Gram Panchayat. It is not known as to on what basis such certificates have been issued and the certificates of the Gram Panchayat are contrary to the revenue records, which is clear from the reports of various authorities.
From the sur-rejoinder filed by the respondents, the Bench noted that the petitioners’ allegations as contained in the writ petition are not only factually incorrect but that are contrary to the revenue records and various reports.
The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Kuldeep find that in various representations which were made challenging the action of the respondents in holding eauction proceedings , the villagers sought concession of 20% weightage in bid security. The petitioner No.1 is one of the signatory. It would thus be seen that while raising objections to grant of quarry licences on the land for which auction was initiated, concession has also been sought, which shows that even the villagers including the petitioner No.1 were interested in getting the licences.
The reply of the State is that a large number of illegal mining was going on in the area, and therefore, it was decided to grant quarry licence.
The petitioners have not even cared to implead those persons in whose favour quarry licences have been issued. Even the quarry licences issued have not been challenged. Thus, the present petition appears to be an abuse of process of law , the Bench observed.
“Such petitions are rising to serve vested interest with oblique motive and without making proper research, the petitions are being filed. “
The disclosures, which have been made by the respondents and various revenue records, copies of which have been placed on record, the Bench noted that the petitioners withheld such information from the Court so as to mislead the Court.
“In view of above, we are inclined to hold that the present petition is abuse of process of PIL forum. Accordingly, this petition is dismissed with exemplary cost of Rs.50,000/- which shall be deposited in the registry of the High Court within a period of two months, failing which appropriate recovery proceedings will be drawn from each of the petitioners”, the order reads.