The High Court of Judicature at Jodhpur has affirmed that technological methods such as drone surveys and GPS are not merely optional but mandatory for mining demarcation under Rule 91 of the Rajasthan Minor Mineral Concession Rules, 2017. This ruling reinforces the state’s obligation to adopt modern, accurate, and transparent methods in mineral administration, setting a precedent for regulatory compliance across India’s mining sector.
Background & Facts
The Dispute
The petitioner, Sushil Jajra, holds a mining lease in Nagaur district, Rajasthan. The respondents, including the Department of Mines and Geology and subordinate mining officials, issued an order dated 15 January 2026 directing a manual survey of the leased area for demarcation and volumetric assessment. The petitioner challenged this directive as contrary to Rule 91 of the Rajasthan Minor Mineral Concession Rules, 2017, which explicitly permits and encourages the use of Global Positioning System (GPS), Differential GPS (DGPS), global navigation satellite systems, or drone surveys for such assessments.
Procedural History
- January 2026: Petitioner filed a writ petition under Article 226 of the Constitution challenging the manual survey order.
- 15 January 2026: Respondents issued the impugned order directing manual survey.
- 23 January 2026: Hearing before the High Court of Judicature at Jodhpur.
Relief Sought
The petitioner sought a writ of mandamus to restrain the respondents from conducting manual surveys and to compel compliance with Rule 91, which mandates technological survey methods. The petitioner also sought a stay on the impugned order.
The Legal Issue
The central question was whether Rule 91 of the Rajasthan Minor Mineral Concession Rules, 2017 permits manual survey for mining demarcation, or whether it mandates the exclusive use of technological methods such as drone or GPS-based surveys.
Arguments Presented
For the Petitioner
Counsel for the petitioner relied on the plain language of Rule 91(1), which states that survey and demarcation "may be conducted" using GPS, DGPS, satellite systems, or drone surveys. He argued that the use of the word "may" in this context is permissive in form but mandatory in substance, as the rule was framed to modernize and standardize mineral administration. He further cited Rule 91(3) and (4), which reinforce the use of technology for illegal mining detection and data submission, indicating a legislative intent to phase out manual methods. He contended that manual surveys are prone to error, delay, and corruption, and violate the principle of efficient public administration.
For the Respondent
The State’s counsel conceded that the impugned order directing manual survey was issued in error. He submitted that the respondents had already discontinued the manual survey process and initiated drone-based surveying in compliance with Rule 91. He did not contest the petitioner’s interpretation of the rule and acknowledged that the order dated 15 January 2026 was inconsistent with the statutory framework.
The Court's Analysis
The Court examined the structure and intent of Rule 91 in its entirety. It noted that the rule does not merely list alternative methods but establishes a clear hierarchy of preferred technological tools. The proviso to sub-rule (1) imposes cost liability on the lessee for surveys conducted upon application, indicating that such surveys are routine and expected to be conducted using modern means. Sub-rule (3) extends the same technological mandate to illegal mining detection, reinforcing a uniform standard.
"The use of drone or GPS-based survey is not an indulgence but a regulatory imperative under Rule 91, designed to ensure accuracy, reduce human discretion, and prevent arbitrary valuation."
The Court emphasized that the rule’s drafting - particularly the inclusion of provisions for standard operating procedures under sub-rule (4) - demonstrates a deliberate move away from subjective, labor-intensive methods. Manual survey, while not explicitly prohibited, is rendered obsolete by the rule’s affirmative mandate for technological alternatives. The Court held that any deviation from these methods would constitute a violation of statutory duty.
The Verdict
The petitioner succeeded. The Court held that Rule 91 mandates the use of drone or GPS-based surveys for mining demarcation and volumetric assessment. The impugned order directing manual survey was set aside as unlawful. The Court disposed of the writ petition, noting that the respondents had already complied by commencing drone surveying.
What This Means For Similar Cases
Technological Compliance Is Non-Negotiable
- Practitioners must now treat Rule 91 as a binding standard, not a suggestion
- Any government order directing manual survey in mining demarcation is legally vulnerable to challenge
- Mining lessees can demand compliance with drone or GPS methods and refuse to pay for manual surveys
Burden of Proof Shifts to the State
- When a lessee challenges a manual survey, the State must prove it had a lawful reason to deviate from Rule 91
- Absent a valid restriction under sub-rule (5) (e.g., drone ban under aviation law), manual survey is prima facie illegal
- Courts will presume non-compliance with Rule 91 to be arbitrary under Article 14
Standard Operating Procedures Are Binding
- The Director’s SOPs under Rule 91(4) now carry the force of law
- Mining officials must be trained and certified under these SOPs
- Failure to follow SOPs may invalidate survey reports used in enforcement or revenue assessment
