TATIA, J. - (1.) HEARD learned counsel for the parties.
(2.) THE main grievance of all above petitioners in the above writ petitions is that in the Granite Policy, 1995 framed by the State Government in exercise of the powers conferred by Rule 65a of the Rajasthan Minor Mineral Concession Rules, 1986 (for short 'the Rules of 1986'), as amended in 1996 and in the Granite Policy, 2002 the State Government declared that 20% of the plots for excavation of granite shall be kept reserved for the persons of Scheduled Castes and Scheduled Tribes, yet even after more than a decade, have not implemented the said policy and consequently have not allotted a single granite mine to any of the members of Scheduled Caste and Scheduled Tribe. Before these writ petitions, D. B. Civil Writ Petition No. 7078/2003 was filed in this Court wherein the Division Bench of this Court vide order dated 11. 3. 2004 directed the State Government to delineate and demarcate the plots which are reserved for the persons belonging to Scheduled Caste, Scheduled Tribe and Other Backward Classes, within a period of ten weeks. Inspite of said positive direction to the State Government, the respondents are granting the mining leases for the granite area to all other persons other than the members of Scheduled Caste, Scheduled Tribe and Other Backward Classes. According to the petitioners, the State Government in the matter of grant of mining lease for excavation of valuable granite is not following and implementing its own policy decision and also flouting the orders of the Division Bench of this Court. So far as the other reliefs are concerned, they are relief for individual petitioner and for consideration of their application for allotment of mining lease. It would be appropriate to look into various provisions of laws under the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the Act of 1957') and the Rules framed by the State Government in exercise of the powers conferred under Section 15 of the Act of 1957 which are the Rules of 1986 and particularly, Rule 65a of the Rules of 1986 and the Granite Policies declared by the State Government in the year 1991, 1995 and amendment of 1996 introducing the reservation in the matter of grant of granite lease to the persons of various categories ; and Granite Policy, 2002 framed by the State Government. Section 15 of the Act of 1957 empowers the State Government to frame the Rules for the purpose of grant of mining leases of various categories to the persons in the State of Rajasthan. Though Sub-Section (1) of Section 15 is wide enough to cover almost all subjects for which the State Government may frame the Rules for regulating the quarry leases, mining leases or other mineral concessions in respect of other purposes and for the purposes connected therewith. As stated above, in exercise of the powers conferred by Section 15 of the Act of 1975, the State Government framed the Rules of 1986 and repealed the earlier framed Rules of 1977. Under the Rules of 1986, for grant of mining leases, the provisions have been made under chapter-II of the Rules of 1986. As per Rule 4 of the Rules of 1986, it has been laid down that no mining leases shall be granted in respect of such mineral/minerals as Mining Engineer or Assistant Mining Engineer may notify in this behalf within his jurisdiction with the approval of the Director and it is provided that no mining lease shall be granted to a person who is not a citizen of India unless prior approval of the Government of India has been obtained. As per the said Rule 4, the mining lease can be granted only if the area is notified by the Mining Engineer/ Assistant Mining Engineer with the approval of the Director. In the matter of grant of mining lease as per Rule 7, when two or more persons apply for mining lease in respect of the same area, the applicant whose application was received on earlier date shall have a preferential right for the grant of lease over the applicant whose application was received later. Exception to this general rule, as provided in Sub-Rule (1) of Rule 7, is given under the Proviso to Sub-Rule (1) of Rule 7 and under Sub-Rules (2) and (3) of Rule 7. The area and period to the extent of which mining lease can be granted is provided under Rules 11 and 16 of the Rules of 1986. Apart from the grant of leases, the provisions for grant of Quarry licenses have been made under Chapter-III of the Rules of 1986. Under Rule 73, a provision has been made for reservation of the area for prospecting or mining operations by the State Government. Rule 73 provides that where the Government proposes to undertake prospecting or mining operations of any mineral, it shall issue a notification reserving the area, in at least one daily newspaper having wide circulation in the State as well as in one such daily newspaper having wide circulation in the locality nearest to the area in question. In the notification, details of the area and period for which such operations are proposed to be undertaken, are required to be given. Even when detail Rules have been framed for regulating the grant of various leases in respect of the minor minerals, yet Rule 65a was inserted with effect from 20. 12. 1991 to give power to the State Government to adopt any method or procedure different from the procedure that is provided in the Rules, obviously in the Rules of 1986. Rule 65a reads as under :-      " 65-A. Grant of mining leases by adopting procedure different from the given in the Rules.-Notwithstanding anything contained in these rules, Government may, by notification in the Rajasthan Gazette or atleast one daily newspaper having wide circulation in the State as well as one newspaper having wide circulation in the locality nearest to the area in question, adopt any method or procedure different from that provided in the rules for leasing out mineral deposit in the interest of mineral development. "
(3.) IN exercise of the powers conferred by Rule 65a, the State Government decided to introduce the Granite Policy, 1991 in interest of mineral development. IN the Granite Policy, 1991, it was provided that the survey for existence of mineral will be made by the field officers and after the report of the Geologist in regard to the availability of the granite mineral in the concerned areas, the delineation and demarcation of the plots will be made and thereafter, the mining leases were to be allotted after inviting application as per the Granite Policy, 1991. IN this policy of 1991, there was no reservation of mining area or mining plots for the members of SC/st. However, as per Para 6 of the Granite Policy, 1991, pending applications were to be decided as per the policy in force at the time of submitting the application and the application covered by sub-clause (ii) are to be decided by the Policy of 1991. Granite Policy, 1991 was superseded by the Granite Policy, 1995 with effect from 18. 1. 1995. In the Granite Policy, 1995, the provisions for allotment of the mining lease were made under different categories as provided in Clause 4 of the said policy. The grant of mining lease could have been only after the delineation and demarcation of the plots because as per clause (1), delineation is condition precedent for notifying the plots for grant of mining lease and following the provision of delineation provided by Clause (1), in clause (4) also, it has been provided that the plots to the persons of different categories shall be allotted after they are delineated and obviously are notified. In Clause (6) of Granite Policy, 1995, provisions were made in regard to grant of those plots which were earlier delineated under Granite Policy, 1991 but were remained vacant or revoked. Such plots were made available for allotment under Granite Policy, 1995 after re-delineation as per the provisions made under Clause (6) of Granite Policy, 1995. In the Granite Policy, 1995, there was no reservation for the members of Scheduled Castes and Scheduled Tribes and, therefore, by amendment dated 20. 2. 1996, sub-clause (5) was added providing reservation of 20% of the plots for the members of Scheduled Castes and Scheduled Tribes. It will be worthwhile to mention here that a provision also has been made providing that if any person personally intimates in writing to the Director of Mines and Geology or any other officer authorised by him on his behalf about search and occurrence of a new granite deposit in the Government land and furnishes the location map of the granite deposit, the mining lease may be granted to him on preferential basis after delineation of plots in the area. ;