PRANLAL KANJIBHAI THAKRAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition challenges the order dated 23-07-1999 made by the District Collector,jamnagar rejecting the application of the petitioner for grant of quarry lease for limestone and the order made by Additional Director, Geology Science and Mineral Department,gujarat State, Gandhinagar dismissing the appeal on 29-06-2000 as being violative of Articles 14,19 and 21 of the Constitution of India.

(2.) THE principal case of the petitioner is that on 23-06-1966 the petitioner applied for quarry lease from the land bearing Survey No. 185 (New Survey No. 197) in compliance with the requisite rules of Gujarat Minor and Mineral Rules,1965. That the petitioner made the application qua the said parcel of land in 1966 but due to litigations between the State Government and the successors of Barkhalidars and Girasdars till 1994 when the Supreme Court decided the matter finally,the application of the petitioner was kept pending. Vide order dated 23-07-1999 respondent No. 2 informed the petitioner that the land for quarry lease,as prayed for, cannot be granted as superior quality limestones exist in the said land.

(3.) THE petitioner carried the matter in appeal before State Government and the appeal was registered as Appeal No. 408 of 1999. The petitioner stated that the order was made by the Collector without granting an opportunity of hearing, portion of the same land was given on lease to persons who had applied subsequently for the quarry lease of limestone in the year 1996 and hence there was no justification for refusing the claim made by the petitioner. The Appellate Authority having dismissed the appeal vide order dated 29-06-2000,the petitioner has approached this Court.