NIRMALJIT KAUR,J. - (1.) The present writ petition has been preferred against the impugned Order dated 14.10.2005 passed by the Mining Engineer, Jodhpur vide which the sanction for mining lease granted in favour of the petitioners was revoked without granting any opportunity of hearing.
(2.) As per the facts, the petitioners applied for grant of mining leases for mineral masonry stone in Khasra No. 138, Village Daijar, Tehsil and District Jodhpur and submitted the applications in the office of the Mining Engineer, Jodhpur. The land on which the mining leases were applied for was reserved and recorded in the revenue entries for mining operations and the same is vested in the Mining Department. In this Khasra No. 138, number of mining leases granted by the Mining Department are already in operation. The pre-demarcation of the area was conducted by the mining authorities in the presence of Patwari of the area concerned on 15.01.2003 and both the authorities found that there is no hurdle in grant of mining lease as the area does not fall either in the forest or in catchment etc. The Assistant Engineer, P.H.E.D. Division Mandore, District Jodhpur also issued the Certificate dated 13.03.2003 that if mining leases are granted in the aforesaid Khasra No. 138 of Daijar, the Department has no objection as it is not going to cause any damage to any pipeline or any of its other functions. The Divisional Forest Officer, Jodhpur also issued the Certificate dated 26.02.2004 to the effect that the area applied for by the petitioners does not fall in the forest and therefore, if the mining leases are granted, the department cannot have any objection. After examining the technical aspects of the matter, the Senior Town Planner also issued the Certificates dated 24.04.2002/26.02.2002 to the effect that if the mining leases are granted in the area, the Department would have no objection. The Geologist of the Mines and Geologist Department, Jodhpur also inspected the site on 16.11.2002 and found that the area in question has rich deposits of mineral masonry stone. Thereafter, the Tehsildar, Jodhpur wrote the Letter dated 03.11.2003 to the District Collector to the effect that the area in question does not fall in the forest and the P.H.E.D. has no objection, the Town Planner has also given no objection and that apart, the matter has been examined at all angles and there is no impediment in the grant of mining leases. Taking all precautions in public interest, the petitioners got the area surveyed personally also by an approved Geologist, who after complete survey and examination of the area gave out his conclusions and observations as under:- "Observation - After geological investigation and study of reduced levels of various places around the mining area, we find that; (1) The present mining area is about 850 meter away from Surpura Feeder Canal and situated at Northern side of the canal. (2) The topography of the area showing that general slope of the mining area is towards North and North East side. Slope does going towards Surpura feeder canal. (3) The safety wall of Surpura feeder canal lying East West side and canal going west to east side and mining area situated North side of the canal. (4) Catchments area of the canal is spread over South and Southwest side near around Beriganga. The catchments area is abrupt opposite side of the mining area. Conclusion (1) Mining area does fall in the catchments area of Surpura Feeder canal. (2) There are no possibilities of obstacle in flowing water towards Surpura feeder canal due to mining activities because there is about 850 meter distance between mining area and the canal and slope of the mining area is going towards Surpura feeder canal. (3) Catchments area of the canal is far away and have separate network of water supply of water from Beriganga area. (4) There is any direct or indirect connection of mining area with catchments area of Surpura feeder canal."
(3.) After considering all the pros and cons of the matter and finding that there is indeed no hurdle in grant of mining leases, the Mining Engineer, Jodhpur sanctioned the mining leases in favour of the petitioners on 16.04.2004 and directed the petitioners to complete certain formalities, in compliance of which the petitioners deposited Rs. 1,250/- as installment of the deadrent, demarcation fees of Rs. 500/-, map fees of Rs. 160/-, security amount of Rs. 1,250/- in the form of NSC, non-judicial stamp of Rs. 1,350/- for the execution of the agreement and thus, a total amount of Rs. 60,000/- was spent by the petitioners. After sanction of the mining leases, the copies of the sanction orders were sent to the District Collector, Jodhpur for issuing no objection certificate.;