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Shiva Corporation India Limited & Others v. State Of Rajasthan & Others

Shiva Corporation India Limited & Others v. State Of Rajasthan & Others

(High Court Of Rajasthan, Jodhpur Bench)

D.B. Spl. Appl. Writ No. 1111/2017 with D.B. Spl. Appl. Writ No. 471/2018 with D.B. Spl. Appl. Writ No. 472/2018 with D.B. Spl. Appl. Writ No. 473/2018 with D.B. Spl. Appl. Writ No. 601/2018 with D.B. Spl. Appl. Writ No. 602/2018 with D.B. Spl. Appl. Writ No. 603/2018 with D.B. Spl. Appl. Writ No. 604/2018 with D.B. Spl. Appl. Writ No. 620/2018 with D.B. Spl. Appl. Writ No. 669/2018 | 22-04-2022

1. Learned counsel for the appellants Mr. Kuldeep Mathur, Senior Advocate assisted by Mr. Ankur Mathur has submitted that the controversy involved in these appeals are set at rest by the Hon’ble Supreme Court in Special Leave Petition (Civil) No.10587 of 2019 passed in Bajri Lease Lol Holders Welfare Society Vs. The State of Rajasthan & Ors. decided on 11.11.2021 and, therefore, the matters may be remitted to the State Government to decide the cases of the appellants in the light of the order passed by the Hon’ble Supreme Court in Bajri Lease Lol Holders Welfare Society (supra) and the subsequent amendment brought by the State Government in Rule 5(4) of the Rajasthan Minor Mineral Concession Rules, 2017 vide Notification dated November 16th, 2021, pursuant to the order passed by the Hon’ble Supreme Court.

2. Mr. Sandeep Shah, learned AAG appearing on behalf of the respondents is not in a position to dispute the fact that the controversy involved in these appeals is more or less covered by the decision of the Hon’ble Supreme Court in Bajri Lease Lol Holders Welfare Society (supra).

3. In view of the above, these appeals are disposed of. The matters are remitted to the State Government for taking a decision afresh in the light of the judgment of the Hon’ble Supreme Court in Bajri Lease Lol Holders Welfare Society (supra) and the amendment carried out by the State Government in Rule 5(4) of Rajasthan Minor Mineral Concession Rules, 2017 vide Notification dated November 16th, 2021.

4. It is expected that the State Government shall decide the present cases afresh expeditiously preferably within a period of three months from the date of production of certified copy of this order.

Advocate List

  • Mr. Kuldeep Mathur, Senior Advocate assisted by Mr. Ankur Mathur

  • Mr. Sandeep Shah, AAG, assisted by Mr. Abhimanyu Singh Rathore Mr. Pooshan for Mr. B.P. Bohra Mr. Pranav Sharma for Mr. Jaideep Singh

Bench
  • HON'BLE MR. JUSTICE VIJAY BISHNOI
  • HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Eq Citations
  • LQ
  • LQ/RajHC/2022/4705
Head Note

Land Acquisition and Requisition — Land Acquisition Act, 1894 — Ss. 11-A and 11-B — Applicability of, to minor minerals — Bajri Lease Lol Holders Welfare Society, (2022) 1 SCC 101, followed — Constitution of India, Art. 142 (Paras 1 to 3)