DCC INFRA PROJECTS LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Dhwani Tripathi, learned AGP, waives service of notice of rule on behalf of the respondent - State. With consent of the learned advocates, the matter is taken up for final hearing.

(2.) Challenge in this petition under Article 226 of the Constitution of India is to the order dtd. 5/9/2022 passed by the Geologist, Geology & Mining Department, Bharuch.

(3.) Facts in brief would indicate that one M/s.Sadbhav Kim Express Pvt. Ltd had entered into an M.O.U with M/s. Gawar Construction Ltd., for carrying out engineering procurement and construction contract for the Vadodara-Kim Expressway. In turn, M/s. Gawar Construction Ltd., had issued a Letter of Intent to the petitioner for the work of construction of the highway. The petitioner had appointed one Nakora Constitution Pvt Ltd., who had approached the village inhabitants so as to be able to use the sand from private lands for construction of the national highway.