Prakash Gupta, J. - (1.) By this Public Interest Litigation, the petitioner has prayed that mining lease dt. 12.6.2014 - ML No. 9/2006 in respect to village Gulgaon, Gram Panchayat Lamba Hari Singh, Tehsil Malpura, District Tonk be directed to be cancelled. The petitioner has also prayed that respondents be directed to restore the original position of land as it was prior to mining operations. The petitioner claims himself to be resident of village Lamba Hari Singh. According to him there is only one way/passage which connects village Gulgaon to village Lamba Hari Singh, and a mining lease has illegally been granted to respondent No. 4 adjacent to that way/passage. The petitioner also submits that mining activities are being carried out just 15 feet away from the way/passage, due to which 100 feet deep pit has been created, and the pit is dangerous to the local villagers.
(2.) Reply has been filed by respondent Nos. 1 to 3 wherein it is stated that village, Lamba Hari Singh, is connected to village Gulgaon by a metal road and the radial distance of the metal road from the mining lease is about 3 kilometers. It is further stated that a metal road is also in existence which connects village Amli to the aforesaid road connecting Lamba Hari Singh and Gulgaon but beyond village Amli there is no public road. The distance of village Amli from the mining lease in question is 2.39 kilometer. There is no public road/thoroughfare passing through the mining lease area in question or within the distance of 50 meters from the working pit of the mining lease. It is also stated that the mining lease is being granted in this area since 1977 and no objection was ever raised by any one. Respondent Nos. 1 and 3 have denied that there exists only one way/passage connecting village Gulgaon to Lamba Hari Singh situated just 15 feet from the mining lease.
(3.) Respondent No. 4 has also filed his reply wherein in addition to the above it is stated that village Amli Charan is situated about 2730 meters in north east direction of the mining lease in question and village Gulgaon is situated about 4050 meters in south east direction of the mining lease. The village Lamba Hari Singh is situated about 5490 meters in north east direction of the mining lease. The area of the mining lease has never come in the way while commuting between the said villages.;