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[2026:RJ-JP:5292] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 359/2017 Ultra Tech Cement Limited, Having Its Regd. Office At Ahura Centre, "b" Wing, 2Nd Floor, Mahakali Caves Road, Andheri East Mumbai Through Its Vice President, Sh Sanjay Mantri. ----Petitioner Versus
1. Union Of India Through Secretary, Ministry Of Mines, Department Of Mines, Shastri Bhawan, Dr. Rajendra Prasad Marg, New Delhi- 110001. 2. The State Of Rajasthan Through The Secretary To Government, Department Of Mines And Petroleum, Jaipur. 3. The Director, Department Of Mines And Geology, Udaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 355/2017 Ultra Tech Cement Limited, Having Its Regd. Office At Ahura Centre, "b" Wing, 2Nd Floor, Mahakali Caves Road, Andheri East Mumbai Through Its Vice President, Sh Sanjay Mantri. ----Petitioner Versus
1. Union Of India Through Secretary, Ministry Of Mines, Department Of Mines, Shastri Bhawan, Dr. Rajendra Prasad Marg, New Delhi- 110001. 2. The State Of Rajasthan, Through The Secretary To Government, Department Of Mines And Petroleum, Jaipur. 3. The Director, Department Of Minces And Geology, Udaipur. 4. Controller General, Indian Bureau Of Mines, Ii Floor, Indira Bhawan, Nagpur- 440001. ----Respondents For Petitioner(s) : Mr. Kamlakar Sharma, Sr. Adv., assisted by Ms. Alankrita Sharma For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Priyam Agarwal and Ms. Tanvisha Pant HON'BLE MR. JUSTICE ANUROOP SINGHI Order 04/02/2026
1. An application No.1/2026 has been filed by the petitioner for taking on record the allotment letter dated 26.05.2025 issued by
[2026:RJ-JP:5292] (2 of 4) [CW-359/2017] the District Collector for grant of land for mining lease to the petitioner. 2. For the reasons stated in the aforementioned application, the same is allowed. The said allotment letter is taken on record. 3. Mr. Kamlakar Sharma, learned Senior counsel, assisted by Ms. Alankrita Sharma, Advocate, appearing for the petitioner and Mr. Vigyan Shah, learned Additional Advocate General, appearing for the respondents are at ad idem that the issue raised in the writ petitions stands duly covered by the judgment passed by the Hon’ble Supreme Court in Civil Appeal No.5841/2022 arising out of Special Leave to Appeal (Civil) No.37439/2016 decided on 26.08.2022, titled as the State of Rajasthan and Anr. Vs. Ultratech Cement Ltd., relevant and operative portion of which reads as under:-
“2.
The appellant–State of Rajasthan (in short ‘State Goverment’) has assailed the judgment dated 26th February, 2016, passed by a Division Bench of the High Court of Judicature for Rajasthan Bench at Jaipur whereby the order dated 05th October, 2012, passed by the learned Single Judge dismissing a writ petition preferred by the respondent–Ultratech Cement Ltd.(in short ‘Company’) (S.B. Civil Writ Petition No. 15416 of 2012) was set aside and its appeal allowed with a direction to the appellant–State Government to process the allotment of the land in favour of the respondent– Company for setting up a cement plant in Tehsil Nawalgarh, District Jhunjhunu, in terms of the letter of allotment dated 23rd February, 2012. ……
19. For the aforesaid reasons, we concur with the findings returned in the impugned judgment which is upheld. The appellant–State Government is directed to
[2026:RJ-JP:5292] (3 of 4) [CW-359/2017] take necessary steps to process the allotment of the subject land in favour of the respondent–Company within four weeks from today. The respondent– Company shall file a fresh undertaking with the State Government, within the same timeline, as was filed by it before the High Court, for initiating time bound activities for the benefit of the surrounding villages, as compensatory measures for the allocation of the subject land. The appeal is dismissed while leaving the parties to bear their own expenses.” and also by the judgment dated 31.01.2023 passed by the Hon’ble Division Bench of this Court in D.B. Special Appeal (Writ) No.987/2021, titled as State of Rajasthan and Anr. Vs. UltraTech Cement Limited and Anr., operative portion of which reads as under:-
“65. In view of above considerations, the direction of the learned Single Judge for grant of mining lease in favour of Respondent No.1-writ petitioner by excluding the area covered under charagah for mining activities on the basis of the undertaking given by Respondent No.1-writ petitioner does not warrant any interference by this Court.
It is, however, made clear that Respondent No.1-writ petitioner shall not be allowed to carry out mining operation over the land identified as charagah land and condition to that effect would be inserted in the grant of mining lease, as has been inserted in the leases granted in favour of M/s. Wonder Cement Limited, M/s. Shree Cement Limited and M/s. NU Vista Limited. We also clarify that this judgment shall not come in the way of the State Government/District Collector in deciding Respondent No.1-writ petitioner’s application dated 13.06.2017 for change of classification under newly added proviso to
[2026:RJ-JP:5292] (4 of 4) [CW-359/2017] Rule 7 of the Rules of1955, on its own merits and in accordance with law.”
4. Taking note of the said undisputed facts and the consent accorded by the learned counsel for both the parties, nothing further survives in these matters. 5. However, Mr. Vigyan Shah, learned AAG, submits that the conditions as laid down in the allotment letter dated 26.05.2025 with respect to allotment of land for setting up a cement plant and carrying out mining operations, deserves to be complied with by the petitioner. Learned Senior counsel submits that there is no quarrel to the said submissions raised by the learned counsel for the respondents, however, it should not effect the allotment of the mining lease to the petitioner. 6. Learned Senior counsel further submits that the grant of mining lease to the petitioner be done expeditiously. 7. Since, the said grant of mining lease is being done in terms of the judgment passed by the Division Bench of this Court, it would be in the fitness of things to direct the State Government to execute the mining lease in favour of the petitioner – company and its possession be also handed over to the petitioner – company expeditiously, preferably within a period of one month from the date of receipt of certified copy of this order. 8. With the above directions, these writ petitions are disposed of. 9.
Pending applications, if any, stand disposed of. (ANUROOP SINGHI),J DANISH USMANI /171 & 172