HINABEN DEVAYATBHAI SIHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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.

(2.) 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:

(3.) In the facts of the present case, the petitioner has complied with all conditions of LoI, except obtaining Environment Clearance. It is the say of the petitioner that an application has already been made for obtaining the clearance, but for the 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, approached this Court by filing the present petition.