"Sensitive Policy Matters", Rajasthan HC Dismisses PIL Seeking Directions To Declare 10km From India-Pakistan Border As No Mining Zone

The bench comprising of  Chief Justice Akil Kureshi and Justice Rameshwar Vyas observed,

"In our opinion, these are sensitive policy matters. What should be the buffer zone for permitting mining operations and other commercial operations near the international border, cannot be the subject matter of decision by the High Court in a writ petition.

In addition to the above, the plea also sought permission for mining lease already granted should be canceled. Further, it was also prayed that the decision to shut down Border Intelligence Chowkis be reversed.

The court responded, "Whether to continue with the check posts and in what manner, is equally a decision of policy to be taken by the appropriate authorities, who are responsible and entrusted with the task of safety and security of the State and its citizens."

Further, the court added, "We do not see any dearth of power with Union of India in taking such policy decision, as may be found necessary and implementing them. Certainly, this Court would not venture into such sensitive policy decision."

It was argued by the petitioners that the mining operations in sensitive border zone are serious threat to the security of the State. Petitioners submitted that even the Union of India is also of the opinion that there should be no mining in these sensitive areas.

The petitioners further alleged that miner minerals being the State subject, the State Government has not put any restriction on mining. Counsel further submitted that Union of India has discontinued the border vigilance posts which was also hazardous to the safety of the State.

Case Title: Seemajan Kalyan Samiti, Rajasthan v. Union of India

Citation: 2022 LiveLaw (Raj)2