Govind Mathur, J. - (1.) The six petitioners, all residents of village Litariya, Gram Panchayat Kanecha, have preferred this petition, said to be in public interest to challenge the order dated 28.7.2008 issued on behalf of the State Government granting sanction to issue no objection for granting 9.94 hactres of land out of 233.02 hactres of land in khasra No.73 for mining purpose. A challenge is also given to the order dated 3.10.2008 issued by the Collector, Pali which is a consequent to the order dated 28.7.2008.
(2.) The contentions advanced by counsel for the petitioners are that:- (1) the provisions of the Rajasthan Tenancy Act, 1955 and the Minor Mineral Concession Rules, 1986 put restrictions for use of gochar land for any other purpose than grazing of pet animals and so also to wild animals, who are dependent for their survival on the gochar land and in the present case a part of gochar land is granted to respondent No.9 i.e. M/s Rajasthan Clay, Sojat City for mining purposes; (2) the gochar land wherein mining operations are permitted is the catchment area for local ponds, reservoir and as such the same shall adversely effect the interest of public at large and also that at about 3000 cows and other pet animals who are dependent for their survival on the gochar land shall not be having sufficient area for their grazing; (3) despite the order dated 30.3.2005 passed by this Court in SB Civil Writ Petition No.1811/2005, restraining the State Government and its functionary from granting mining lease in the gochar land of village Litariya, the respondents have permitted mining operations to the respondent No.9; and (4) the Gram Panchayat Kanecha granted No Objection Certificate for grant of mining lease to the respondent No.9 for excavating clay without inviting objections and without affording hearing to the residents of village Litariya.
(3.) The State Government and its functionaries have filed a reply to the writ petition stating therein that the mining lease was granted to the respondent No.9 after following due process of law and before doing so the Gram Panchayat Kanecha issued a No Objection Certificate after inviting objections under a public notice dated 6.11.2007 and also after making adequate inquiry. As per the respondents, in pursuant to the notice dated 6.11.2007 no one raised any objection regarding issuance of No Objection Certificate for mining operations in 9.94 hactres of land out of 233.02 hactres of land in khasra No.73 of village Litariya.;