The Division Bench of the Rajasthan High Court comprising Justices Sandeep Mehta and Farjand Ali in the case of Kamalkant & Ors v. State Of Rajasthan & Ors has observed that right to carry on mining operations is not a vested right of any citizen. The State Government has absolute dominion to decide as to the areas and manner in which the mining permits will be granted.
Background of the Case
The Department of Mines and Petroleum, Government of Rajasthan issued an order dated 16.03.2022 made exclusion of Sriganganagar and Hanumangarh districts from being declared as notified mining areas for extraction of gypsum. The Ministry had received grave complaints regarding illegal mining of gypsum on the strength of the old permits from government lands, forest lands and private lands and as a consequence, it was decided to withhold grant of mining permits in these two districts till an inquiry could be conducted at the appropriate level regarding the complaints of illegal mining. Aggrieved by which, the Petitioner filed this petition by claiming the order illegal, arbitrary and amounts to hostile discrimination with the two districts of which the petitioners are residents.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner has submitted that on account of exclusion of Sriganganagar and Hanumangarh districts from grant of mining permits, a financial setback has been caused to the districts. Residents of the districts will be deprived from earning livelihood and as such, the impugned order deserves to be quashed.
Reasoning and Decision of the Court
The Court considered the facts of the case and expounded that the right to carry on mining operations is not a vested right of any citizen. The order dated 16.03.2022 came to be issued excluding Sriganganagar and Hanumangarh districts from the permissible areas for grant of gypsum mining permits because complaints have been received regarding rampant illegal mining operations on government lands, forest lands and private lands particularly in these two districts.
The Court also observed that the decision so taken is not in the nature of permanent exclusion and is contingent to the conclusion of the inquiry.
The Court also hoped that it can be expected that as and when the situation improves and the illegal mining operations are detected and dealt with, the respondents would review the decision to not to issue mining licenses in these two districts.
Therefore the Court dismissed the writ petition as being devoid of merit and specifically held that none of the petitioners is desirous of undertaking mining operations in the two districts, due to which the petitioners shall not be entitled to apply for mining licenses for this purpose in either of these two districts.
Case Details
Case: - D.B. Civil Writ Petition No. 4928/2022
Petitioner – Kamalkant & Ors
Respondent - State Of Rajasthan & Ors
Judge: Justices Sandeep Mehta and Farjand Ali
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