Rajasthan High Court Quashes Crores Worth of Recovery Notices Issued After Drone Survey by Mining Department

In a landmark ruling, the Rajasthan High Court has set aside recovery notices worth several crores of rupees issued by the State Mining Department, holding that conducting drone-based surveys without prior notice to leaseholders is illegal and violates the principles of natural justice.

The court made the strong observation that no matter how advanced technology may be, it cannot override basic legal safeguards and procedural fairness guaranteed under law.

‘Secret’ Drone Survey Declared Illegal

The verdict came while hearing a petition filed by Bhilwara-based mining leaseholder Tulsi Das Bharwani, who had challenged a recovery notice issued by the department. According to the petition, the Mining Department conducted a drone survey of the leased mining area on November 27, 2025, without issuing any prior notice or informing the leaseholder. Based on this survey, the department later alleged illegal mining and issued a hefty recovery notice running into crores of rupees.

The High Court categorically rejected this action, terming the survey “unauthorized and unlawful.”

Prior Notice Mandatory, Whether Physical or Drone Survey

The court observed that whether a survey is conducted physically on the ground or through drones, it is mandatory to issue prior notice to the leaseholder and ensure their participation during the survey. Any penalty or recovery based on a survey conducted without following due process is legally unsustainable.

The bench noted that the government counsel failed to provide a satisfactory explanation as to why no notice was issued before carrying out the drone survey.

Relief for Leaseholders, Warning for the Department

While quashing the recovery notice, the High Court granted liberty to the Mining Department to conduct a fresh survey strictly in accordance with law, after giving due notice to the concerned leaseholder.

Legal experts believe that this judgment could bring significant relief to thousands of mining leaseholders across Rajasthan who have faced similar actions. The ruling is also seen as a stern warning to the government to frame clear Standard Operating Procedures (SOPs) for drone-based inspections before using such technology for punitive actions.

The decision has raised serious questions about the functioning and credibility of the Mining Department, and experts caution that unless proper legal safeguards are put in place, enforcement actions against illegal mining may continue to fail judicial scrutiny.