FELDSPAR JUDGEMENT
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.
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.
Rajasthan High Court order on Drone Survey
The Rajasthan High Court has ruled that the State Mining Department cannot issue multi-crore recovery notices based solely on drone surveys without prior notice to the leaseholder. The Court struck down such actions, stating that bypassing leaseholders violates the principles of natural justice and departmental circulars.
Key directives and observations from the Court include:
Mandatory Prior Notice: The Court held that conducting a drone survey of a mining lease without formally notifying the affected leaseholder is legally impermissible.
Right to be Present: The Department of Mines and Geology issued a mandate that inspections should be conducted, as far as possible, in the presence of the mining lessee or their representative.
Right to Contest Reports: The non-supply of drone survey reports to leaseholders before raising hefty penalties is a violation of natural justice.
State Liberty: While setting aside punitive action, the Court has clarified that the state can conduct a fresh survey (either physical or drone-based) but must strictly adhere to due process and issue proper prior notice.