ATUL NANJIBHAI JODHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Today, Mr.Nirav Mishra, learned advocate for the petitioner has filed leave note. However, learned advocate Mr.Vaibhav Parikh requested that he may be permitted to appear for learned advocate Mr.Mishra, and therefore, the petition is taken up for hearing today.

(2.) The issue raised in the present petition is likelihood of right of the petitioner to obtain quarry lease being jeopardized in the event of Government not making a written order for grant of quarry lease despite non-fulfillment by the petitioner of certain conditions mentioned in the Letter of Intent (LoI), particularly one relating to obtainment of Environment Clearance, on or before 24/5/2022 under the provisions the Gujarat Minor Mineral Concession Rules, 2017.

(3.) The Government of Gujarat, in exercise of the powers conferred by sec. 15 of the Mines and Minerals (Development and Regulation) Act , 1957 (67 of 1957) and in suppression of all the rules made in this behalf, framed the Gujarat Minor Mineral Concession Rules, 2017. Rule 29 of the said Rules is relevant for adjudication of the issue involved in the present petition, and the same reads thus: