Bharat Singh Shekhawat vs State Of Rajasthan
2021 Latest Caselaw 18664 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7174/2021

Bharat Singh Shekhawat S/o Shri Shivdayal Singh Shekhawat, Aged About 68 Years, Resident Of House No. 45, Paschim Vihar, Vaishali Nagar, Jaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary To Government Of Rajasthan, Mines Department, Government Secretariat, Jaipur.

2. Jt. Secretary To Government, Mines (Gr. 2) Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

4. Superintending Mining Engineer (Group-Iii), Department Of Mines And Geology, Jodhpur.

5. Mining Engineer, Department Of Mines And Geology, Sirohi.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vikas Balia
                                Mr. Ankur Mathur
For Respondent(s)         :



                      JUSTICE DINESH MEHTA

                                     Order

08/12/2021

1. Indisputably, the issue involved in the present writ petition

has been decided by a Co-ordinate Bench of this Court against

the petitioner vide judgment dated 22.11.2017, rendered in the

case of Shiva Corporation (India) Limited Vs. State of Rajasthan &

Ors. (SBCWP No.11399/2017).

2. In the case of Shiva Corporation (India) Limited (supra), this

Court has held thus :

(2 of 2) [CW-7174/2021]

"Admittedly, the Letter of Intent ("LOI") was issued to the petitioner on 28.01.2013. The petitioner was required to get the environmental clearance Certificate within the stipulated period under the terms and conditions of the LOI so issued and now the petitioner wants to avail further period of one year stated to be granted under the new Rule. Accordingly, this Court finds no reason to disagree with the judgment rendered by the learned Single Judge at Jaipur Bench of this Court in the case of M/s. Chandak Associates (supra) especially when the learned Single Bench too while dismissing the writ petition took into consideration the fact that the petitioner- firm even in that case had failed to comply with the condition of the temporary working permit and the terms and conditions of the LOI. The Court further held that the cancellation of LOI in absence of mining operation by the petitioner-firm cannot be said to be illegal. Besides, the Apex Court in the case of Naveen Sharma Vs. The State of Rajasthan & Ors. vide its order dated 16.11.2017 passed in Special Leave to Appeal (C) No.34811/2013) has come down heavily on the Ministry of Environment, Forest and Climate Change about degradation of the environment in Rajasthan and being totally unconcerned by allowing the mining to continue in spite of their not obtaining environment clearance certificate. Dismissed accordingly."

3. Following the judgment aforesaid, the present writ petition is

also dismissed.

4. Stay application also stands dismissed accordingly.

(DINESH MEHTA),J 21-Rahul/-

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