Rajasthan High Court - Jodhpur
Suraj Mal vs State Of Rajasthan ... on 4 August, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:34346-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 15540/2021
1. Suraj Mal S/o Uda Ji Gurjar, Aged About 48 Years, R/o
Gurjaro Ka Mohalla, Bhachardiya, District Rajsamand,
Rajasthan.
2. Suwa Lal Gurjar S/o Goverdhan Gurjar, Aged About 50
Years, R/o Bhachardiya, Kundawa, District Rajsamand,
Rajasthan.
3. Vanna Lal Gurjar S/o Jodha Gurjar, Aged About 43 Years,
R/o Bhachardiya, Tehsil Deogarh, District Rajsamand,
Rajasthan.
4. Dau Ram Gurjar S/o Bagtawar, Aged About 46 Years, R/o
Bhachardiya, District Rajsamand, Rajasthan.
5. Ram Lal Gurjar S/o Remta Gurjar, Aged About 46 Years,
R/o Gurjaro Ka Mohalla, Bhachardiya, Kundawa, District
Rajsamand, Rajasthan.
6. Ishwar Lal Gurjar S/o Deva Ji Gurjar, Aged About 35
Years, R/o Bhachardiya, District Rajsamand, Rajasthan.
7. Suva Lal S/o Bhura Gurjar, Aged About 49 Years, R/o
Ward No. 03 Deogarh, Bhachardiya, Kundwa District
Rajsamand, Rajasthan.
8. Narayan S/o Deva, Aged About 58 Years, R/o
Bhachardiya, Kundwa District Rajsamand, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Revenue, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Principal Secretary, Department Of Mines And
Geology Government Of Rajasthan, Secretariat, Jaipur.
3. The Director, Department Of Mines And Geology,
Government Of Rajasthan Udaipur.
4. The Mining Engineer, Department Of Mines And Geology,
Aamet Near Iti Agriya Road Aamet District Rajsamand.
5. District Collector, Rajsamand
6. Tehsildar - Deogarh, Tehsil Deogarh, District Rajsamand
7. Gram Panchayat Bhachardiya, Tehsil Deogarh District
Rajsamand Through Its Sarpanch
8. The Rajasthan Pollution Control Board, Jaipur.
9. Tanmay Singhvi S/o Shri Nimish Singhvi, Aged 25 years,
R/o 15, New Glass Factory Colony Sundar Vaas, District
Udaipur, through its power of attorney holder Sh. Ujjwal
Jain S/o Sh. Sohan Lal Jain R/o Oswal Vada Banswara,
District Banswara Raj.
10. Mahalaxmi Granite through its partner Sh. Vijay Kumar
Sharma Age about 40 years, Pathik Nagar, Bundi Road,
(Downloaded on 05/08/2025 at 09:43:10 PM)
[2025:RJ-JD:34346-DB] (2 of 4) [CW-15540/2021]
Bijoliyan, Bhilwara-311602.
11. M/s Aurum Granite, a registered Partnership firm through
its partner Aditya Gaur S/o Sh. Girdhari Lal Aged 28
years, R/o 77 Vasundhara Nagar, Makrana District Nagaur
(Raj.).
----Respondents
For Petitioner(s) : Mr. Rajesh Choudhary
Mr. Rajendra Katariya
Mr. Bhawani Singh Ransi.
For Respondent(s) : Mr. G.R. Punia, Sr. Advocate assisted
by Mr. Rajesh Punia
Dr. Vikas Balia, Sr. Advocate assisted
by Mr. Sheetal Kumbhat and
Mr. Ankur Mathur
Mr. Mahaveer Bishnoi, AAG assisted
by Mr. Harshvardhan Singh
Mr. Sajjan Singh Rathore, AAG
assisted Mr. Pravin Kumar Choudhary
Mr. D.D. Thanvi, for R-11 & 13
Mr. Sanjay Rewar for R-14.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Judgment / Order
04/08/2025
1. Heard learned counsel for the parties.
2. The present Public Interest Litigation has been filed with the
following prayers:-
"I. That the respondents may kindly be directed to stop
all mining activities going on the land in question with
immediate effect.
II. That the respondents may kindly be directed to
restrain from issuance/grant of any mining lease over the
land in question.
III. That in case if any mining lease has been granted by
the respondents over the land in question or is proposed
to be granted/issued at any stage over the land in
question, then the same be declared as illegal and nullity.
[2025:RJ-JD:34346-DB] (3 of 4) [CW-15540/2021]
IV. That the respondents may kindly be directed not to
take any action/proceedings which would lead to causing
disturbance/destruction to the water channels, Nallahs,
Nadis and Ponds situated in village Bhacherdiya, Tehsil
Devgarh, District Rajsamand.
V. That the respondents may kindly be directed to ensure
that the natural resources as existing over the land in
question consisting of water channels, Nallahs, Nadis,
Ponds, Catchment areas, Gochar land, natural vegetation
etc. may kindly be protected and preserved forever.
VI. That the obstacles so caused by the ongoing mining
activities over the land in question may kindly be
directed to be removed immediately so that the water
flow be restored and be maintained forever.
VII. That the Hon'ble Court may kindly pass appropriate
orders for constituting a permanent Monitoring
Committee so as to monitor the activities conducted over
the land in question leading to severe damage and
destruction to the ecological system and the natur al
resources existing over it."
3. Learned counsel for the petitioners submits that the
petitioners are public spirited persons and their endeavour is to
save the ecology from destruction and disturbance caused by the
mining operations undertaken in the area. He further submits that
the petitioners are having no objections if the mine owners are
allowed to operate their mines in accordance with law subject to
making no obstruction/ damage to the catchment areas of Nadis,
ponds and other water bodies.
4. Learned Additional Advocate General appearing on behalf of
the respondent-State submits that the mining leases in the area
have been granted in accordance with law after duly certifying all
the per-requisites holding the field. He further submits that even if
somebody is found violating the conditions of the mining lease or
obstructing the water channels of the water bodies in the area and
[2025:RJ-JD:34346-DB] (4 of 4) [CW-15540/2021]
if somebody is found causing damage to the environment, then
appropriate actions will be taken against those erring mine
owners.
5. At this juncture, learned counsel for the petitioners submits
that the respondent-State may be directed to take all necessary
steps for protection of the ecological system and preservation of
the natural resources in the area.
6. We have considered the submissions made before this Court
and in view of the submissions made by learned counsel for the
State, the present writ petition (PIL) is disposed of with a direction
to the State Government functionaries to take all possible steps to
prevent damage to the ecological system in the area where the
mines have been allotted to the mine owners.
7. It is further ordered that if any lease holder is found violating
the conditions of the lease and causing any damage to the
ecological system or obstructing the flow of water to the natural
water bodies in the area, then appropriate action shall be taken by
them in accordance with law.
8. Stay petition as well as other pending misc. applications, if
any, stand disposed of accordingly.
(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J
108-Shahenshah/SunilS/-
Powered by TCPDF (www.tcpdf.org)
