- (1.) This writ petition has been filed by All Rajasthan Bajri Truck Operators Welfare Society to seek a restraint order on the lease holders from loading trucks in excess to permissible limit. The direction is also sought for making them accountable for violation of the provisions of Motor Vehicles Act, 1988 (in short "Act of 1988" ).
(2.) It is submitted that excavation of Bajri is governed by Rule 63 of Rajasthan Minor Mineral Concession Rules, 1986 (in short "Rules of 1986"). As per provision, then existing, any one was free to excavate and pay royalty at the Check Post of the Mining Department for its further transportation. The practice aforesaid was deprecated by Apex Court in the case of Deepak Kumar Vs. State of Haryana, 2012 4 SCC 629. A direction was given for excavation of Bajri only from identified areas and for which lease should be granted after necessary sanction.
(3.) The State of Rajasthan amended the Rules of 1986 vide its Notification dated 23.05.2012 and thereafter Notification dated 19.06.2012. The Scheme of excavation of Bajri was amended. As per amended Rules, letter of Intents were issued to the applicant for obtaining requisite sanction from the Ministry of Environment for grant of lease. In the meanwhile, excavation of Bajri was allowed as per prevalent practice despite amendment in the rules and the order of Hon'ble Apex Court in the case of Deepak Kumar . A writ petition was then filed bearing No.13189/2013 where an order was passed on 15.04.2013 directing the State of Rajasthan to implement the amended rules within a period of six months. Since the scheme could not be implemented, an application was submitted by the State for extension of time. The application aforesaid was dismissed by the court, thus a challenge to the order was made before Hon'ble Apex Court in two different SLPs. The Apex Court passed interim order on 25.11.2013 to allow excavation of Bajri through eighty two lease holders. In view of above, till leases are granted after clearance by the Environment Department, the excavation for Bajri is permitted through LOI holders.;