KALPANA BHUSHAN JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Dhwani Tripathi, 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 for grant of quarry lease for mining bentonite mineral in terms of Letter of Intent dtd. 18/6/2020 and consequential order for execution of a lease deed before the cut-off date of 23/5/2022 without insisting on compliance by the petitioner of all the conditions mentioned in the Letter of Intent.

(3.) The petitioner had made an application seeking quarry lease for bentonite mineral in the year 1995. Initially the application was rejected by the Collector, Bhuj. Appeal was preferred by petitioner, which came to be allowed by order dtd. 19/1/2011. The case was remanded back to the Collector, Bhuj for fresh consideration of the application in light of observations made in the order dated 19.01.20211. Post remand, the application of petitioner was considered positively and Letter of Intent was issued on 18/6/2020. This Letter of Intent enumerated various conditions which were to be fulfilled by the petitioner, like obtaining Environment Clearance, approved mining plan, valuation from stamp duty department, etc. On fulfillment of these conditions, an order granting quarry lease in favour of petitioner would be made by the government and a formal lease deed will be executed permitting the petitioner to commence mining of the mineral from the leased area.