JAYESHBHAI KANJIBHAI KALATHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By consent and at the request of learned counsel on both sides, both the petitions are admitted and heard for final disposal. Proposed amendments of the petitions as per the draft amendment are allowed.

(2.) The factual background for issuing the impugned resolution and amending the rules to prevent movement of sand outside the State is that, a Study Group was constituted by the Indian Bureau of Mines, under the auspices of the Central Government in their Ministry of Mines, to analyze the issue of export of sand in view of its environmental aspect. It was, inter alia, recorded in the Minutes dated 22.7.2009 and 15.9.2009 of the Study Group that different types of sands are being exported to other countries by mines owners, dealers or exporters. As per section 15 of the Act, river sand being minor mineral, its regulation falls under the purview of respective State Governments who enact their own minor mineral conservation rules to regulate the minor mineral activity in respective States. Some States have made specific provisions imposing ban on transportation of sand through inter-State borders to protect depleting ground water and to cater the local requirements. Over-exploitation and export of river sand may lead to environment degradation and imbalance in the eco-system, and hence export of river sand was required to be banned in the larger interest of the nation. The Study Group recorded their conclusions as under:

(3.) Learned senior advocates Mr.N.D.Nanavati and Mr.Mihir Joshi have assailed the impugned rules on several counts and summary of their contentions is submitted in writing. Since the challenge is mounted by the petitioners against the impugned resolution and the rules banning movement of sand outside the State on the basis of Articles 19(1)(g) and 301 to 304 of the Constitution and legislative competence of the State Government in that regard is questioned, it would be appropriate to set out the relevant constitutional and statutory provisions, as under: