LAWS(GJH)-2008-10-247

JAYANT B VYAS Vs. STATE OF GUJARAT

Decided On October 22, 2008
Jayant B Vyas Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS is an old pending petition wherein the petitioner is seeking preferential rights under sub -section (1) of Section 11 of the Mines and Minerals (Regulations and Development) Act, 1957 ( for short "the Act") for mining lease of the government land admeasuring 499 Acres.

(2.) IT appears that the petitioner was granted prospecting licence in terms of sub -section (1) of Section 11 of the said Act. He claimed preferential rights for being considered for grant of mining lease. Earlier the Government had reserved the said land for public sector. The petitioner had approached this Court by filing writ petition being Special Civil Application No.1231 of 1972 which came to be dismissed by the decision dated 07.08.1972. The petitioner had, thereupon, approached the Hon'ble Supreme Court and by interim order the State Government was restrained from giving mine lease for bauxite over the said area of 499 acres of land in Maleta and Kennedy villages of Kalyanpur Taluka of Jamnagar District.

(3.) IT appears that subsequently the Government decided to withdraw the reservation of the said land for public sector. At this stage, the petitioner has approached this Court by filing the present petition seeking to assert his preferential rights for grant of lease.