SAINATH MINERALS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr.Maulik G. Nanavati has submitted that he has instructions to appear on behalf of the respondent No.5 and he would like to file his vakalatnama. Registry to accept the same as and when it is filed.

(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.