RAMESHBHAI UKKAD VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the petitions involve common facts, impugned orders are based on similar grounds, therefore they raise identical issues. Accordingly the captioned group of petitions with consent and request of learned advocates for the parties were taken up and heard together. They are being disposed of by this common order.

(2.) In all petitions the challenge is directed against order passed by the Collector and confirmed by the Revisional Authority which rejected the applications of the respective petitioners for grant of quarry lease. The petitioners pray that the case may be remanded to the Revisional Authority for rehearing of the Revision Applications. They pray that respondent-authorities may be directed not to grant the area in question in favour of any other party and the applications of the petitioners for grant of quarry leases may be allowed.

(3.) Extracting the relevant facts from each of the petitions, the petition of first mentioned Special Civil Application No.20552 of 2015 appears to have applied for quarry lease the area opposite Survey No.203, 263, opposite riverbed Narmada at Indore, Taluka Jhagadiya, Surat, on 07th November, 2007. The fourth respondent-the Collector, Bharuch by his order dated 01st March, 2011 rejected the application on the ground that the area under demand was included in the block area, and that Indore Gram Panchayat in its Resolution dated 29th November, 2010 passed in view of revenue opinion of Mamlatdar, had not given consent for blocking out the land, therefore the application of the petitioner was rejected. The Revisional Authority by his impugned order dated 19th September, 2015 while confirming the ground given by the Collector, also noted that in view of Rule 69 of Gujarat Minor Minerals Concession Rules, 2010 and under Resolution dated 13th December, 2013 of the Industries and Mines Department, policy is provided to dispose of the areas for mining of simple mineral sand by transparent method by holding public auction. The challenge is addressed to these orders.