ASHAPURA MINECHEM LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Assistant Government Pleader waives service of rule on behalf of the respondent-state. With the consent of the respective parties, the matter is taken up for final hearing.

(2.) Mr. Vakil, learned counsel for the petitioner would rely on the orders passed in similar matters by this Court namely; SCA No.9470 of 2019 dated 17.5.2019 and the order passed in SCA No.5316/2021 dated 24.3.2021.

(3.) Having heard learned counsels for the respective parties, it is not in dispute that the LOI in this petition is either prior or after the amended Rules of 2017. Admittedly, the case of the petitioner as referred in the order dated 24.3.2021 passed in SCA No.5316/2021 shall be governed by the Gujarat Minor Mineral Concessions Rules, 2017 and the notifications dated 9.3.2018 and 6.1.2020. By the notification dated 6.1.2020, Sub Rule (3) of Rule 29 was substituted by which the substituted rule provided that the Government shall issue a order in writing for grant of a quarry lease to the holder of a letter of intent upon satisfaction of the following conditions within a period of four years from the date of commencement of these rules, failing which the right of such an applicant for grant of quarry lease shall be forfeited automatically. In view of the amended Rules of 2017 having come into force on 24.5.2017, the time limit for the grant of lease in favour of the petitioner would expire on 23.5.2021.