What should be buffer zone for permitting mining operations near India-Pakistan Border, cannot be subject matter of decision in writ petition: Rajasthan HC

Read Judgment: Seemajan Kalyan Samiti vs. Union of India & Others 

Pankaj Bajpai

Jodhpur, January 5, 2022: The Jodhpur Bench of the Rajasthan High Court has opined that what should be the buffer zone for permitting mining operations and other commercial operations near the international border, cannot be subject matter of decision by the High Court in a writ petition.

A Division Bench of Justice Akil Kureshi and Justice Rameshwar Vyas observed that whether to continue with the check posts and in what manner, is equally a decision of policy to be taken by the appropriate authorities, who are responsible and entrusted with the task of safety and security of the State and its citizens.

The observation came pursuant to a PIL filed by Seemajan Kalyan Samiti (Petitioner) seeking a direction to the Union of India (Respondents) that ten kilometer of area from international border line (India and Pakistan) should be declared as no mining/ commercial/ industrial zone. 

Consequently, the Petitioner also prayed that the permission for said mining lease already granted should be cancelled, and that the decision to shut down Border Intelligence Chowkis be reversed.

The counsel for the petitioner vehemently contended that the mining operations in sensitive border zone are a serious threat to the security of the State. 

Even the Union of India is also of the opinion that there should be no mining in these sensitive areas. However, miner minerals being the State subject, the State Government has not put any restriction on mining. 

After considering the submissions, the High Court noted that the Petitioner has sought for interference in very sensitive policy matters. 

We do not see any dearth of power with Union of India in taking such policy decision, as may be found necessary and implementing them, added the Court. 

Thus, the High Court dismissed the petition and refused to venture into such a sensitive policy decision.