- (1.) The Bajri Lease LOI Holders Welfare Society, through its President, Shri Naval Singh Ratnawat, has filed this writ petition under Article 226 of the Constitution of India, for declaring the Notification issued by the State Government bearing S.O. No.185, dated 07.02.2014, and S.O. No.188, dated 07.02.2014, as ultra vires Article 14 and 19(1)(g) of the Constitution of India and Section 2 and 15 of the Mines and Minerals(Development and Regulation) Act, 1957 (for short, 'the Act of 1957'), as well as ultra vires Section 2(b) and 2(d) of the Rajasthan Goods (Control of Production, Supply, Distribution and Trade and Commerce) Act, 2014 (in short, 'the Rajasthan Act, 2014'), as null and void ab initio. They have also prayed for a direction, to quash the order dated 11.02.2014, passed by the Collector and District Magistrate, Jhunjhunu, and the order of the same date, issued by the Collector and District Magistrate, Tonk, as ultra vires the Rajasthan Act, 2014. They have also prayed for a direction to the respondents restraining them from interfering in the right of the members of the petitioner-Association, to produce, stock, or sale the mineral 'Bajri' under the LOI, including regulating the prices thereof.
(2.) Brief facts giving rise to the writ petition, are that for excavation of minor mineral 'Bajri', under the Proviso to Rule 63(3) of the Rajasthan Minor Mineral Concession Rules, 1986 (for short, 'the Rules of 1986'), made under Section 15 of the Act of 1957, no concession by way of any lease, license or permit was provided. Anyone could excavate 'Bajri' in the State of Rajasthan, but while crossing check posts, he had to pay royalty and permit fees. In view of the judgment of the Supreme Court in Deepak Kumar And Another Vs. State of Haryana And Others, 2012 4 SCC 629, dated 27.02.2012, providing for environmental clearance, to be given by the Ministry of Environment and Forest(MOEF), for mining in any area, even if it was less than five hectares, an amendment was made by the State Government on 25.05.2012, for grant of mining leases for minor mineral 'Bajri'. The provisions however were not made effective, as vide Notification dated 21.06.2012, it was provided that until grant of mining leases, existing system of excavation of minor mineral 'Bajri' will continue.
(3.) In a writ petition being D.B. Civil Writ Petition(PIL) No.13189/2012- Nature Club of Rajasthan Vs. State of Rajasthan, a Division Bench of this Court allowed six months time to the State Government, to give effect to the amended Rules for grant of mining leases for minor mineral 'Bajri'. The application for extension of time was dismissed by this Court on 21.10.2013. The State Government, on rejection of its application for extension of time on 21.10.2013, filed SLP(Civil) No.34134/2013, in which a direction was issued by the Hon'ble Supreme Court on 25.11.2013, that till the end of February, 2014, the letter of intent holders for grant of leases, who had submitted their applications to the MOEF for clearance(numbering 82 only), can carry on mining operations in accordance with the Notification dated 21.06.2012, issued under the Rules of 1986.;