Sunil Ambwani, Actg. C.J. - (1.) ALL the aforesaid connected Special Appeals arise out of the judgment of learned Single Judge dated 26th April, 2013 in M/s. R.P. Bricks Industries v. State & Ors. (S.B. Civil Writ Petition No. 10833/2010) alongwith 131 connected matters, the details of which are given in Schedule -A of the judgment.
(2.) LEARNED Single Judge dismissed all the writ petitions, by which the petitioners had challenged the demand of conversion charges under Section 90A of the Rajasthan Land Revenue Act, 1956, read with Rajasthan Land Revenue (Conversion of Agricultural Land for Non -Agricultural Purposes in Rural Areas) Rules, 2007, for conversion of agricultural land for non -agricultural purposes for mining of brick earth and manufacture of brick in the brick -kiln established on the land, whether in a colony area or khatedari agricultural land. Brief facts giving rise to these Appeals are that all the appellants -petitioners have set up their brick -kilns on their respective agricultural lands. Some of these brick -kilns fall in the colony areas on the agricultural land under the Rajasthan Colonization Act, 1954, which included command area (irrigated through canals or water courses constructed by the State Government) or in uncommand areas. In all other cases, the brick -kilns have been set up on khatedari lands. In both the categories, the brick -kilns have been set up by the appellants -petitioners on the agricultural lands either in colony areas covered under the provisions of the Rajasthan Colonization Act, 1954 or other than colony area -khatedari agricultural lands covered by the provisions of the Rajasthan Land Revenue Act, 1956, after obtaining mining lease from the Mining Department for excavating brick earth, which is a minor mineral under the Rajasthan Minor Mineral Concession Rules, 1986 made under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957.
(3.) LEARNED Single Judge, after considering the provisions of the Rajasthan Minor Mineral Concession Rules, 1986, Rajasthan Land Revenue Act, 1956, Rajasthan Land Revenue (Conversion of Agricultural Land for Non -Agricultural Purposes in Rural Areas) Rules, 2007, Rajasthan Colonization Act, 1954, Rajasthan Colonization Project Areas Brick Kiln (Leases) Conditions, 1966, as well as the judgments of this Court in Liladhar v. State of Rajasthan (1963 RLW 423 -DB), Shivchand Goyal v. State of Rajasthan (1967 RLW 30 -DB), Mohd. Bux v. State of Rajasthan ( : AIR 1993 Raj. 211 (FB)), Khushi Ram Kiln Company v. State of Rajasthan ( : 2002 RLW 318 -SB) and Hari Ram & Ors. v. State of Rajasthan & Anr. (S.B. Civil Writ Petition No. 7130/1985 decided on 10.12.2000) and the decision of the Supreme Court in State of Rajasthan v. Seator Kiln Company ((2002)10 SCC 253), held that the demand of conversion charges for use of agricultural land for non -agricultural purposes under section 90A of the Rajasthan Land Revenue Act, 1956, is not in conflict with the Rajasthan Minor Mineral Concession Rules, 1986, which have replaced the Rajasthan Minor Mineral Concession Rules, 1977, and which had in turn replaced the Rajasthan Minor Mineral Concession Rules, 1959. Both the Rules operate in different fields, and for different objects. There is no inconsistency between the two sets of Rules. Whereas the mining lease granted under the Rajasthan Minor Mineral Concession Rules, 1986 is for excavating brick earth, Section 90A of the Rajasthan Land Revenue Act, 1956 provides for conversion of agricultural land for non -agricultural purposes. Since the brick -kiln is an industry and that the setting up of such industry changes the user of the land from agricultural to non -agricultural, the use of khatedari land cannot be permitted for industrial purposes unless the conversion of the land is obtained from the competent authority, on payment of the scheduled rates prescribed under the Rules of 2007.;