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Court Orders

Court Orders

FELDSPAR JUDGEMENT (2022)

An Embargo on interstate movement and Export of Feldspar Mineral in form of Lumps, Grains, Chips & Gitti was imposed by Dept of Mines & Geology vide their Notification no. GSR (84), dt.05.10.2018 & Notification, no.F.14 (25), dt.10.03.2019. Mining Lessees of Feldspar have been suffering heavy losses due to embargo on interstate movement of Feldspar in form of Lumps, Grain, Gitti to Morvi (Gujarat). Embargo has proved disastrous for export of Feldspar mineral also.

FMAR got the success, by way of filing Writ Petition no. 5222/2019, in quashing the unconstitutional Notifications, by Hon’ble Rajasthan High Court, Judgment dt.16.04.2020. It was the first historic case which was decided on the basis of Bajri Judgement (2018) of Hon’ble Supreme Court. link https://hcraj.nic.in/

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STAY ON RECOVERY OF LAND TAX-2020

During Corona Crisis, Rajasthan Mining Sector faced one of the toughest faces of all times with imposition of Land Tax-2020. The issued has been handled with more than 20 representations right from Hon’ble CM, Mines Minster, ACS Mines, Director DMG, Finance Secretary etc.

Further, exercising the last option, FMAR got an interim stay on 09.10.2020 in D.B. Civil Writ Petition No. 8218/2020 by the Hon’ble  RHC, Jaipur.  1.10.32. link https://hcraj.nic.in/

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HBL SUPREME COURT ORDER ON RESUMPTION OF MINING IN ARAVALLI DISTRICTS OF STATE (2024)

Since 2002, FMAR has been relentlessly making efforts to resume legal mining in Aravalli Districts of State. On 09.05.2024, hearing of Aravalli Matter,  FMAR engaged Mr ASN Nadkarni, Sr Adv for the hearing & Secretary General himself discussed the whole matter with Sr Adv.at Delhi. As of result, FMAR got a favourable order after span of 20 years as renewal/extension of lease & legal mining were banned in Aravalli.

            HBL Supreme Court directed as follows: 

  • GOR & GOH shall file Aravalli Mapping & its extent.
  • State Govt may consider & process applications for grant of mining leases, renewal & all statutory clearances subject to final permission from Court.
  • Legal mining to be continued with valid permission / licences in Aravalli hills.
  • Constitute a Committee for uniform definition of Aravalli Hills/Range, consisting of MOEF Secretary, Forest Secretaries of Delhi, Haryana, Rajasthan, Gujarat, Rep of FSI, CEC, GSI & JS of MOEF within 2 months.
  • MOEF, GOR, GOH, GNCTD shall file comments or response in respect with CEC Report 03/2024.
  • GOR, GOH shall file ATR in respect with Action taken in compliance of last 15 Orders of Court.
  • GOR, GOH shall file ATR in respect with action taken against illegal mining in compliance of CAG/CEC Report
  • GOR, GOH shall file ATR in respect with action taken against illegal mining polygon, shown in FSI Report dt 22.02.2018.

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