V.S.KOKJE, C.J. - (1.) All these appeals arise out of a common order and arise out of the same suit and, therefore, they were heard together and are being decided together.
(2.) The land in question earlier belonged to one Shri Munir Khan who was original holder of the land. He died in the year 1940. His nephews Fajlu Khan and Hafij Khan succeeded to the estate according to one party and according to the other party only Hafij Khan succeeded to the estate of Munir Khan. M/s. J. K. White Cement Works purchased the land in question from sons of Hafij Khan alone. When they tried to enter possession, successors of Fajlu Khan objected and filed the suit and prayed for temporary injunction therein for protecting their possession. Daughters of Hafij Khan were also impleaded in this suit. On 12-2-96 a temporary injunction was issued at the instance of the successors of Fajlu Khan as well as three daughters of Hafij Khan. Four appeals were filed against the injunction order, all of them were dismissed. The matter went to the Board of Revenue in its revisional jurisdiction and the Board of Revenue partly allowed the revision applications and vacated the injunction and instead asked for a security to the tune of Rs. 50,00,000/- from J. K. White Cement Works. Against this decision of the Board of Revenue three writ petitions were filed before the learned single Judge, two by J. K. White Cement Works and third by Smt. Hasmat Tara and others. The learned single Judge set aside the orders of the Board of Revenue as well as of the Sub-Divisional Officer and directed that M/s. J. K. White Cement should approach the Collector for determination of compensation under sub-section (4) of Section 89 of the Rajasthan Land Revenue Act, 1956 and the Collector shall determine the compensation for infringement of right of occupation and disturbance of the successors of the lands in accordance with the provisions of Rajasthan Land Acquisition Act, 1953 and on determination of the compensation M/s. J. K. White Cement Works shall furnish solvent security and surety for the like amount to the Sub-Divisional Officer, Chittorgarh before whom the suit was pending and thereafter the Company shall be entitled to excavate minerals from the land in question. Against this order these three appeals have been filed before this Court.
(3.) Having heard the learned counsel for both the sides we find that the question involved in the case is a short one. In view of the provisions of Section 89 of the Rajasthan Land Revenue Act, 1956 there can be no case for issue of a temporary injunction against excavation of minerals from a revenue paying land under a licence granted by the State Govt. Section 89 declares that the right to all mines, minerals and quarries shall vest in the State Govt. and the State Govt. shall have all powers necessary for the enjoyment of such a right. Section 89 regulates the right to exploit the miners by the assignee of the State Govt. and also provides safeguards for assuring payment of compensation to the holders of the land. Section 89 is reproduced hereunder :- "Section 89 : Right to minerals, mines, quarries and fisheries- The right to all minerals, mines and quarries and to all fisheries, navigation and irrigation in and from, a river shall vest in the State Government and the State Government shall, have all powers necessary for the enjoyment of such a right. (2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, including the erection of offices, workmen's dwellings and machinery, the staking of minerals and deposit of refuse, the construction of roads, railways or tram lines, and any other purposes which the State Govt. may declare to the subsidiary to mining and quarrying. (3) If the State Govt. has assigned to any person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in sub-sections (1) and (2) should be exercised by such person, the Collector may, by an order in writing, subject to such conditions and reservations as he may prescribe; delegate such powers to the person to whom the right has been assigned : Provided that no such delegation shall be made until notice has been duly served on all persons having rights in the land effected and their objections have been heard and considered. (4) If, in the exercise of the right herein referred to over any land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land, the State Govt. or its assignee shall pay to such persons compensation for such infringement and the amount of such compensation shall be calculated by the Collector, or, if his award is not accepted by the Civil Court, as nearly as may be, in accordance with the provisions of the Rajasthan Land Acquisition Act, 1953. (5) No assignee of the State Govt. shall enter on or occupy the surface of any land without the previous sanction of the Collector, unless the compensation has been determined and tendered to the person whose rights are infringed. (6) If any assignee of the State Govt. fails to pay compensation as provided in sub-section (4), the Collector may recover such compensation from him on behalf of the person entitled to it, as if it were an arrear of land revenue. (7) Any person who without lawful authority extracts or removes minerals from any mine or quarry, the right to which vests in and has not been assigned by the State Govt., shall without prejudice to any other action that may be taken against him be liable, on the order in writing of the Collector to pay a penalty not exceeding a sum calculated at the rate of fifty rupees per ton, or a fraction thereof, of the minerals so extracted or removed : Provided that if the sum so calculated is less than one thousand rupees the penalty may be such larger sum not exceeding one thousand rupees as the Collector may impose.";