Mining case: State govt assures legal action
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10/04/2014
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Times Of India (Jaipur)
The state government has assured legal action against Chauhan brothers, who are relatives of former chief minister Ashok Gehlot, for selling mines lease to UltraTech Cement in an alleged violation of the set norms.
In a writ petition filed by Banswara-based miner, Fakhruddin Ali, the state assistant advocate general, Anurag Sharma informed the single judge bench of the HC (Jaipur) on last Tuesday that they have examined the sale of lease, which was found to be against the norms.
“The government counsel has assured the court to take action against Chauhan brothers as illegality has been confirmed,” said Rajdeepak Rastogi, counsel for Fakhruddin. The bench of Justice Manish Bhandari heard the case. As per court directives, Fakhruddin withdrew his petition. Fakkhruddin had blamed the previous Gehlot government for adopting double standards in transfer of mines.
As per the petition, Chauhan brothers are related to Ashok Gehlot and got their documents related to Gotan Limestone Khanij Udyog (GKU) recommended by the AME, Gotan to director Minesfor MutationsEven the stamp papers, on which the affidavits were sworn and annexed with the application of March 28, 2012, were purchased on later date ie, March 31, 2012.
The then government knowing well that GKU has sold 100% stake to UltraTech did not cancel their mining lease while in the identical case of Fakhruddin, the government not only canceled his mining lease but also took possession of the mines immediately.
Earlier the UltraTech in their reply raised the objection of jurisdiction and stated that “since the dispute is regarding mining lease, which is situated in district Banswara, the writ petition could have been submitted only at Jodhpur.” Chauhan Brothers in their reply said that the case is politically motivated but confirmed that they sold 100% stake of their private limited company Gotan Limestone Khanji Udyog Pvt Ltd (GKUPL) to Ultra-Tech and they are also closely related to Ashok Gehlot.
A legal notice was sent by Fakhruddin, partner of Classic Marbles, Banswara, to the principal secretary, mines, Rajasthan and CM, Rajasthan on August 13,2013, regarding injustice meted out to him by the state government.
Fakhruddin in his notice stated that “mines department has blatantly violated the provisions of the law and maliciously/arbitrarily used them against my firm because neither I am related to any politician nor have any financial strength like Ultra-Tech Cement”.