- (1.) THE petitioner has filed the present writ petition with the following prayer/s: - "(i) By an appropriate writ, order and direction, the impugned notification/communication/notices/orders dated 11.2.2008 (Anx.5), 6.9.2008 (Anx.6), 17.9.209 (Anx.7), 1.1.2010 (Anx.8), 9.3.2010 (Anx.10)and 23.6.10 (Anx.11) be declared illegal and be quashed with all consequential directions; (ii) by an appropriate writ, order or direction, the respondents may be directed to determine the compensation for the loss caused to the petitioner for shifting of the plant in question and pre-mature termination of the mining lease on the basis of the principles enumerated under section 23 of the Land Acquisition Act, 1894. (iii) in the alternative and without prejudice to the above, by an appropriate writ, order or direction, the respondents may be directed to allot alternate land to the petitioner for setting up of the plant in question and a suitable mining lease for making available the raw material for operating such plant outside the prohibited area and to grant a reasonable time to the petitioner to shift the plant in question as well as the mining activity. (iv) any other relief which this Hon'ble Court deems just and proper in favour of the petitioner, may kindly be granted; and (v) the cost of the writ petition be allowed in favour of the petitioner."
(2.) THE mining area, where the mining lease in question was given to the petitioner, was declared restricted area on account of notification issued by the Ministry of Defence, Government of India (Annex.3) dated 02.02.2005, which is quoted herein below for ready reference: - "GOVERNMENT OF INDIA (TO BE PUBLISHED IN PART II SECTION 4 OF THE GAZETTE OF INDIA) Government of India Ministry of Defence New Delhi, the 2nd February 2005 Notification SRO. In exercise of the powers conferred by section 3 of the Works of Defence Act, 1903 (7 of 1903), the Central Government hereby declares that it is necessary to impose restrictions specified in clause (a) of section 7 of said Act upon the use and enjoyment of the land situated in the district of Barmer in the State of Rajasthan, described in the Schedule given below, being land lying in the vicinity of 25 Ammunition Company, C/o 56 APO at Jasai in the district of Barmer in the State of Rajasthan in order that the said land may be kept free from buildings and other obstructions from the date of publication of notification in the Official Gazette. 2. A sketch plan of the said land may be inspected in the office of Deputy Commissioner, Barmer, Rajasthan. Schedule All the land falling within a distance of two thousand yards (1828.8 meters) from the outer perimeter wall of the works of defence, namely, 25 Ammunition Company, C/o 56 APO, Jasai at Villages Danta, Daruda, Mithri Khurd, District Barmer in the State of Rajasthan. Sd.00 (Saheli Ghosh Roy) Under Secretary to the Government of India No.PC 47427/V/III/L (South) ______________________________________________________ Publish Sd.00 (Saheli Ghosh Roy) Under Secretary to the Government of India D (Coord) ______________________________________________________ MOD ID No. PC 47427/B/III/L (South)/119/US(R)/D(Lands) dated 02nd February 2005" On account of defence and security reasons, the Mining Department had stopped and restricted mining activities in the said area.
(3.) COUNSELS for the parties state at bar and fairly agreed that in view of restriction put by the Ministry of Defence for security reasons, the only relief, which can be granted to the present petitioner is that his case for grant of mine at alternative place is considered by the State Government, in lieu of its mining lease given in the disputed area, of which restriction was put on account of defence and security reasons in view of notification Annex.3 dated 02.02.2005, quoted above.;