ADINATH MINERAL & METALS Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-3-60
HIGH COURT OF RAJASTHAN
Decided on March 19,2013

Adinath Mineral And Metals Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.)LEARNED counsel for the petitioner submits that this case is covered by the decision of this Court in SBCWP No.8830/2011 ­ Meenakshi Metacast Pvt. Ltd. vs. State of Rajasthan & Ors. Decided on 7/2/2013, to which learned counsels for the respondents do not dispute. The relevant portion of which is quoted below for ready reference:
"22. This Court is of the considered opinion that it would be rather premature to pronounce upon the step by step compliance of the provisions of sub-section (2) of Section 17A of the Act at this stage since that process still seems to be either yet to be undertaken or is pending with the State Government itself or with the Central Government. Since the facts in that regard have not been placed on record by the Mining Department of the State Government or State Government itself, it would be premature to decide whether such approval is a condition precedent or could be obtained ex post facto. But this Court cannot lose sight of the fact in hand already on record that after taking a Policy decision on 10/3/2010, even after lapse of approximately three years in February, 2013, the State Government has not yet even approached the Central Government for said approval nor it has decided the pending applications of RSMM for the benefit of backward and poor people of the State in places like Banswara, Dungarpur, Pratapgarh, Chittorgarh and Udaipur. Such a long period has passed admittedly without exploiting the valuable natural resources of the State on account of sheer inaction on the part of the State functionaries. On account of the same, the private operators, who were ousted by the impugned order dated 15/3/2011 have also been deprived of the opportunity and the RSMM for whose benefit the reservation was made has also not undertaken any mining operation, which was purportedly entrusted to it for the benefit of the underprivileged section of the society. This type of callousness and delay can hardly be appreciated by the Court of law and, therefore, while not examining the validity of the impugned Policy decision dated 10/3/2010, this Court considers it expedient to direct the State Government to immediately undertake the necessary steps for complying with the provisions of Section 17A(2) of the MMDR Act, 1957 and for this purpose, this Court also considers it appropriate to set a time frame of six months to avoid any further delay. The process of approval by the Central Government for such reservation and preference for Government Undertaking like RSMM will naturally involve a fresh look into the matter in the light of discussions, which have already taken place between the Central Government and the State Government officials as is reflected in the minutes of the meeting dated 4/11/2011, quoted above. 23. The upshot of the above discussion is that while the State Government is directed to set the process in motion and complete the same in terms of Section 17A (2) of the Act within the time frame of six months from today, the impugned orders rejecting the applications of the petitioners dated 15/3/2011 or of different dates in other connected cases, are quashed and set aside and the applications of the petitioners, accordingly, would stand revived and the concerned authority is directed to re-decide the same and pass appropriate orders in accordance with law within the aforesaid time frame of six months itself. 24. It is needless to say that after the said decision is taken by the respondents with the aforesaid time frame of six months, if the petitioners are still aggrieved of the same, they will have the liberty to take appropriate legal remedy in accordance with law. No costs. Copy of this order be sent to the concerned parties, including the Secretary, Ministry of Mines, Govt. of India, New Delhi."

(2.)THE present writ petition is accordingly disposed of in same terms.


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