25 March 2023 11:30 AM GMT
The Rajasthan High Court recently imposed a cost of Rs. 50,000. on two villagers from Jodhpur for abusing PIL jurisdiction in pursuance of their vested interests with respect to quarry licenses for mining activities distributed via e-auction.The bench of Acting Chief Justice Manindra Mohan Srivastava and Justice Kuldeep Mathur said the petitioners’ allegations as contained in the writ...
The Rajasthan High Court recently imposed a cost of Rs. 50,000. on two villagers from Jodhpur for abusing PIL jurisdiction in pursuance of their vested interests with respect to quarry licenses for mining activities distributed via e-auction.
The bench of Acting Chief Justice Manindra Mohan Srivastava and Justice Kuldeep Mathur said the petitioners’ allegations as contained in the writ petition are not only factually incorrect but that are contrary to the revenue records and various reports.
The petitioners claimed that the proceedings drawn by the respondents for grant of quarry licences on the subject land are against public interest as it would adversely affect the flow of rainy water and will also affect the catchment area of various small ponds on which the people and cattle are dependent.
The respondents submitted that e-auction proceedings for quarry licences have been undertaken strictly in accordance with law and after ensuring due compliance of all the requirements including environmental clearance. It was also submitted that the land is owned by the government, and the concerned authorities have granted quarry licences after demarcation. Moreover, there is no public place, catchment area, or water reservoir within 45 meters of the area. Therefore, the location of the quarry licences is in accordance with Rule 28 of the Rajasthan Minor Mineral Concession Rules, 2017, it was said. NOC was also said to have been obtained from the Deputy Conservator of Forest.
According to the report of the site inspection conducted on the directions of the Central Jal Shakti Ministry, it was found that no plantation existed on the land in question. Additionally, no nadi, nala, talab, or catchment area were found on the proposed land for granting a quarry licence, Court was informed.
Perusing the material on record, the Court also found that the petitioner is also signatory of the e- auction for the licence to quarry, which he has challenged. It shows that the petitioner himself was interested in getting the licences, Court said.
It added that the petitioner had not even cared to implead those persons in whose favour quarry licences was issued. Even the quarry liences issued were not challenged.
“Such petitions are rising to serve vested interest with oblique motive and without making proper research, the petitions are being filed,” Court remarked and dismissed the plea with cost.
Case- Narayan Singh and anr. v. State of Rajasthan and ors.
Citation: 2023 LiveLaw (Raj) 17
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