- (1.) This writ petition, in public interest litigation, has been filed by the petitioners while praying for following reliefs: "It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed: - A/ By an appropriate writ order or direction, the respondents may kindly be directed to stop illegal mining in the complete basin of Jaisamand Lake in Udaipur District. B/ By an appropriate writ order or direction, the respondents may kindly be directed to take action against the persons doing illegal mining in the complete basin of Jaisamand Lake in Udaipur District. C/ By an appropriate writ order or direction, the respondents may kindly be directed to plant trees on the river bank and to rebuild the area of the river land from which the Bazri has been excavated illegally. D/ By an appropriate writ order or direction, the respondents may kindly be directed to conduct a detailed enquiry so as to quantify the mineral loss and revenue loss and environmental loss being caused by the persons involved with the connivance of the local authorities and the persons responsible including the local authorities for permitting such disastrous mining activity may be heavily penalized and punished and such compensation may be awarded so as to be utilized for regaining the concerned area. E/ Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. F/ Writ petition filed by the petitioners may kindly be allowed with costs."
(2.) The petitioners are also aggrieved by the action of the respondent-State, whereby the State has entered into an agreement for collection of royalty or excess royalty for Bajri (Mineral) excavated and removed from the quarries situated in Tehsil Girwa, Mavli, Vallabhnagar and Salumbar of District Udaipur.
(3.) In response to the writ petition, the respondent Nos. 1 to 5 have filed reply to the writ petition and contended that the Mining Department is following the directions/guidelines issued by the Hon'ble Supreme Court in the case of Deepak Kumar etc. vs. State of Haryana etc. in SLP (Civil) Nos.19628-19629/2009 and is effectively and regularly monitoring and vigil over the illegal mining in the said area. It is also contended that the respondents are also not permitting any damage to the environment and are also taking care that natural resources should not be destroyed or damaged and the beauty of the area be preserved. It is further contended that the excavation of the Bajri is permitted as per the directions given by the Hon'ble Supreme Court in Deepak Kumar's case and no illegal mining is permitted in the area. It is also contended that the excavation of the Bajri is permitted only up to the permissible limits and as and when it is found that any individual or group of persons is indulged in illegal mining or is excavating the Bajri in excess to the permissible limits, the action is being taken against them. Copies of the FIRs registered at the instance of the Mining Department are also placed on record. It is also contended that the revenue authorities and police department are jointly monitoring the area to stop the illegal activities or illegal mining operations. In support of the above contentions, the documents such as Mauka Report prepared by the Mining Engineer and the notices issued to the encrochers and to the persons indulged in illegal mining are placed on record.;