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Judgment
Sh. Sanjay Upadhyay, learned senior advocate assisted by Sh. Shubham Upadhyay and Ms. Meghna Sharma, Advocates at the outset stated that though I.A 263/2024 has been filed with a prayer for modification of order dated 18.04.2024 but he is not pressing the same and confining his prayer to the effect that since applicants have filed/already submitted applications for appraisal/reappraisal of their mining leases, to concerned authorities i.e. SEIAA, Rajasthan, and matter is pending thereof, for last more than six months, the said authority be directed to consider and pass appropriate order on appraisal/reappraisal of mining leases of the present applicants within a prescribed time as has been directed by this Tribunal in O.A No. 26/2023, Rakesh Sharma vs. State of Rajasthan.
We have already held that the EC granted by DEIAA should be appraised/reappraised by SEIAA and only thereafter continuance of mining should be allowed. SEIAA or any other competent authority cannot keep the matter pending for long but must exercise its power of appraisal/re appraisal within a reasonable time. In Para 49 of the Judgement in Rakesh Sharma vs. State of Rajasthan (Supra), this Tribunal has said:
Before parting with Issue I, we find it expedient to observe that respondents 7 to 11 all have applied for reappraisal of EC by SEIAA concerned and it is not necessary for SEIAA that in every case, it must take months together for appraisal/re-appraisal and to take a decision whether EC should be granted or not. Decision of concerned SEIAAs in such matters should be in a reasonable period and in our view, it would be appropriate to direct SEIAA Rajasthan in the present case to complete its steps for appraisal/re-appraisal of ECs of respondents 7 to 11 expeditiously, and in any case, within 3 months from, it shall take a decision in accordance with law and communicate the same to respondents 7 to 11 within one week after expiry of three months as directed above.
In view of above and looking to facts and circumstances of this case, both these IA’s are disposed of with a direction to SEIAA, Rajasthan to consider and take a final decision on the applications of these applicants who have filed these IA’s with regard to appraisal/re appraisal of their mining leases, within two months from date of communication of this order to the said authority.