BHALABHAI DEVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner applied on 14th December 1978 for a lease of land adjoining survey No. 211 and survey No. 212 of village Bhat in Gandhinagar District He wanted that lease to be granted under Gujarat Minor Mineral Rules 1965 in order to enable him to remove and from Sabarmati river bank. all 27th January 1979 his application was rejected. Two reasons were given in that order. Firstly the Government had decided to plot out the land and auction it out for granting quarry lease. Secondly modification under rule 18 (1) (c) of Gujarat Minor Mineral Rules 1966 was not published.

(2.) The question of issuing notification under rule 18 (1) (c) of Gujarat Minor Mineral Rules 1966 arose under the following circumstances. One R. M. Patel was granted:-

(3.) One Piraji Bhikaji Bajara obtained on 20th December 1972 a lease in respect of another part of this land for a period of one year. On the expiry of the period of that lease it was renewed for one more year. It was again renewed for one more year. The period of lease which was renewed on two occasions would have ordinarily aspired on 19th December 1975 However by order dated 1st October 1975 the lease was revoked because the lessee had contented breach of condition No. 3 in Parts V and VI of the lease. Since the land in question was in two parcels leased out earlier notification under rule 18 (1) (c) was required to be issued before it could be regranted to any one.