LAWS(GJH)-2022-12-905

DHARMENDRASINH JASHUBHA JADEJA Vs. STATE OF GUJARAT

Decided On December 15, 2022
Dharmendrasinh Jashubha Jadeja Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Rohan Shah, learned Assistant Government Pleader waivers service of notice of rule on behalf of the respondent nos. 1 - 3 and Mr. Maulik Nanavati, learned Advocate, waives notice on behalf of respondent no. 4.

(2.) The prayer of the petitioner in the present petition is for issuance of a direction to the State Government to pass an order of grant of quarry lease for sand mining in terms of Letter of Intent dtd. 10/8/2015 and consequential order for execution of a lease deed.

(3.) It is the case of petitioner that he has complied with all conditions of Letter of Intent except obtaining Environment Clearance. It is further say of the petitioner that an application has already been made for obtaining the clearance, but for reasons beyond his control the authority has not yet granted the Environment Clearance. The petitioner believing that he will not receive the Environment Clearance on or before 24/5/2022 and apprehending that in absence of a formal order granting quarry lease being passed by the government before the said date he shall lose his right to get the quarry lease in view of expiration of the time period prescribed in Rule 29 of the Gujarat Minor Mineral Concession Rules, 2017 approached this Court by filing the present petition.