SANJAY SUKHADIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(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.

(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.