Rajasthan Govt moves SC to take possession of mine

Rajasthan Government has moved the Supreme Court challenging a High Court order declining its plea to restore to it the possession of a mine, the lease of which was transferred allegedly in contravention of rules by a private company to cement major Ultra Tech.
The appeal against the order of the division bench of Rajasthan High Court is listed for hearing tomorrow before a bench of Justices A R Dave and Adarsh Kumar Goel.
The state government has raised several grounds challenging the High Court order setting aside the decision of its mining department to take back possession of the mine, located in 10 sq km area near Gotan town in Rajasthan's Nagaur district.

The Ultra Tech cement has purchased the mine from Gotan Limestone Khanji Udyog Pvt Ltd, the shareholders of which were four brothers who were booked by Anti-Corruption Bureau in August 2014 for the lease transfer.
The state's Mines Department on December 16 last had cancelled the mining lease granted in favour of Gotan Limestone Khanji Udyog Pvt Ltd, which was set aside by the single judge bench of the High Court on March 25 this year.
Rajasthan Government's appeal against the single judge order was also dismissed on May 14 by a division bench which said there was no contravention of the 1986 rules in the transfer of the lease of the mine in question.

However, the state government and J K Cement Ltd, which also filed the appeal, contended that the High Court had failed to take note of the fact that Gotan Limestone had not even "come into existence when it asked for or made an application seeking transfer of the lease, the same by no stretch of imagination can be termed as legal as at the relevant time the Gotan Pvt Ltd was not a legal entity and hence had no existence in the eyes of law".

Further, the petition by Rajasthan Government said the partnership firm of four brothers was converted into private limited company and forged documents were allegedly submitted to transfer the lease in a short duration of time.

It said 100 per cent shares were sold to the Ultra Tech cement allegedly without taking permission from the state's mining department at around Rs 160 crore.
Rajasthan contended that the action of the Gotan Limestone amounted to sale of the lease in contravention of the 1986 mining rules, and after an inquiry, the order of cancellation of lease was passed.