HON'BLE MR JUSTICE GOVIND MATHUR
HON'BLE MR JUSTICE V.K. MATHUR
Mr DLR Vyas for Mr B.M. Bohra, for the appellants Mr G.R. Punia, Addl. Advocate General, assisted by Mr Jamwant Gurjar, for the respondents
The Mining Engineer, Sojat City by the office order dated 06th January 2010 while exercising powers under rule 8 of the Rajasthan Minor Mineral Concession Rules, 1986 {herein after referred to as 'the MMCR 1986'} cancelled the application submitted by the petitioner to have mining lease. Being aggrieved by the same, he preferred an appeal as per provisions of rule 43 of the MMCR 1986. The appeal came to be rejected on 06th May 2013 in view of Government of Rajasthan's notification dated 03rd April 2013.
By the notification aforesaid, an amendment was introduced in rule 4(10) of the MMCR 1986. As per rule 4(10), no mining lease in Government land including forest land for which diversion is granted by the Central Government under the Forest (Conservation) Act, 1980, shall be granted on an application by the applicant unless the area is delineated and applications are invited by the Government. By the same provision, all the applications which were presented relating to Government land up to 27th January 2011 except the application presented by person having preferential right under rule 3N or sub-rule (1) of rule
