Mining Leaseholders Must Prevent Illegal Mining In Allotted Areas, Violations May Invite Cancellation Of Leases: Rajasthan High Court

Observing that mining leaseholders bear a responsibility to ensure that illegal mining is not carried out in the areas allotted to them, the Rajasthan High Court has cautioned that leaseholders found indulging in unauthorised extraction may face cancellation of their leases. [2026 LiveLaw (Raj) 279]

The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma further clarified that, in the event of such violations coming to light, the Mining Engineer would be at liberty to cancel the leases of the erring mining operators.

For context, the Court was hearing a PIL that raised the issue of illegal mining and encroachments in a particular area of the Gram Panchayat Derwala, Jhunjhunu, Rajasthan.

The Court took note of the admission by the concerned State authorities that the illegal mining that was going on had stopped and action was also taken against the concerned defaulters along with imposition of penalties. The State further assured that there shall be no illegal mining in future.

In this background, the Court made the following observation,

“…it is also the duty of the concerned miners who have been allotted regular mining leases to see that no illegal mining is conducted in the area. Often, the persons who are granted mining leases, themselves indulge in additional illegal mining of the area, which if found, should result in cancellation of their lease deeds itself In the future, if such activity is found, it will be open for the Mining Engineer to cancel the lease of the existing mining lease holders also.”

Accordingly, the PIL was disposed of.

Title: Surendra Kumar & Ors. v the State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 279

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