SHANTILAL JADAVBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These ten petitions filed against the State of Gujarat and the District Development Officer Baroda in his capacity as the Competent Officer as per the Gujarat Minor Mineral Rules 1966 could be conveniently disposed of by one common judgment because the questions which are involved in these petitions are almost similar and the grievances of different petitioners in these petitions are also almost identical. A few facts are required to be stated at this stage in order to comprehend the controversy.

(2.) In Taluka Sankheda of Baroda District through the sim of village Badarpur Orsang river flows. Obviously there is a river bed obtaining sand which is a minor mineral in terms of the Mines and Minerals (Regulation and Development) Act 1957 Different kinds of minerals both major and minor are the national properties which are to be utilised on welllaid lines so that there is proper development of minerals. The above mentioned Act is therefore intended to provide for the regulation of mines and the development of minerals. Under the Scheme of the Act Minor Minerals are entrusted to the care and control of the State Government who are empowered by sec. 15 of the Act to make rules in respect of Mines and Minerals.

(3.) Under the authority derived from the above sec. 15 of the Act the State of Gujarat has made Gujarat Mines and Minerals (Regulation and Development) Rules 1966 which are there in the present form after undergoing repeated amendments. The position of these rules at the relevant time will therefore be required to be seen in order to dispose of these petitions.