- (1.) THE petitioners by way of present writ petitions have challenged the impugned order issued by the Deputy Secretary, Mining Department, Govt. of Rajasthan on 10/3/2010 reserving the notified Scheduled Tribe areas for mining of major minerals for which Reconnaissance Permits/Prospecting License/ Mining Lease in the specified areas of the State of Rajasthan are to be notified in which the backward class people of Scheduled Caste and Scheduled Tribe and other Tribal people live and to allow the mining of minerals reserved in the said notified area only to the Govt. of Rajasthan Undertaking, namely; Rajasthan State Mines & Mineral Limited ('RSMM' for short).
(2.) LEARNED counsel for one of the petitioners, Mr. Pankaj Sharma submits that he has filed an application seeking amendment in writ petition filed by him. Considering the averments made in the application, I.A.No.13382/2012 filed in SBCWP No.7319/2011 under Article 226 of the Constitution of India, seeking amendment of the writ petition is allowed and amended writ petition is taken on record. The controversy involved in the present batch of 08 writ petitions is covered by the decision of this Court rendered on 7th February, 2013 in Writ Petition No.8830/2011 (Meenakshi Metacast (P) Ltd. vs. State of Rajasthan & ors.) & other connected matters.
(3.) THE relevant paras of the said judgment are quoted below for ready reference:- "21. Thus, the only question which arises is whether the approval from the Central Government is required before reserving the area for prospecting or mining operations through a Government Undertaking or company or it can be sought ex-post facto after reserving such area or even after notifying the specified area and minerals as required in second part of sub- section (2) of Section 17A of the Act. 22. This Court is of the considered opinion that it would be rather premature to pronounce upon the step by step compliance of the provisions of sub-section(2) of Section 17A of the Act at this stage since that process still seems to be either yet to be undertaken or is pending with the State Government itself or with the Central Government. Since the facts in that regard have not been placed on record by the Mining Department of the State Government or State Government itself, it would be premature to decide whether such approval is a condition precedent or could be obtained ex post facto. But this Court cannot lose sight of the fact in hand already on record that after taking a Policy decision on 10/3/2010, even after lapse of approximately three years in February, 2013, the State Government has not yet even approached the Central Government for said approval nor it has decided the pending applications of RSMM for the benefit of backward and poor people of the State in places like Banswara, Dungarpur, Pratapgarh, Chittorgarh and Udaipur. Such a long period has passed admittedly without exploiting the valuable natural resources of the State on account of sheer inaction on the part of the State functionaries. On account of the same, the private operators, who were ousted by the impugned order dated 15/3/2011 have also been deprived of the opportunity and the RSMM for whose benefit the reservation was made has also not undertaken any mining operation, which was purportedly entrusted to it for the benefit of the underprivileged section of the society. This type of callousness and delay can hardly be appreciated by the Court of law and, therefore, while not examining the validity of the impugned Policy decision dated 10/3/2010, this Court considers it expedient to direct the State Government to immediately undertake the necessary steps for complying with the provisions of Section 17A(2) of the MMDR Act, 1957 and for this purpose, this Court also considers it appropriate to set a time frame of six months to avoid any further delay. The process of approval by the Central Government for such reservation and preference for Government Undertaking like RSMM will naturally involve a fresh look into the matter in the light of discussions, which have already taken place between the Central Government and the State Government officials as is reflected in the minutes of the meeting dated 4/11/2011, quoted above. 23. The upshot of the above discussion is that while the State Government is directed to set the process in motion and complete the same in terms of Section 17A (2) of the Act within the time frame of six months from today, the impugned orders rejecting the applications of the petitioners dated 15/3/2011 or of different dates in other connected cases, are quashed and set aside and the applications of the petitioners, accordingly, would stand revived and the concerned authority is directed to re-decide the same and pass appropriate orders in accordance with law within the aforesaid time frame of six months itself. 24. It is needless to say that after the said decision is taken by the respondents with the aforesaid time frame of six months, if the petitioners are still aggrieved of the same, they will have the liberty to take appropriate legal remedy in accordance with law. No costs. Copy of this order be sent to the concerned parties, including the Secretary, Ministry of Mines, Govt. of India, New Delhi." ;