LARSEN & TOUBRO LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP Mr.A.J.Jadeja waives service of Rule on behalf of the respondents.

(2.) This petition is filed seeking quashing of order dated 26.02.2015 passed by respondent No.3- Geologist, order dated 13.07.2015 passed by respondent No.4-Additional Director (Appeals) and order dated 02.01.2016 passed by respondent No.1-Secretary, Industries and Mines Department. The issue is under the Mines and Minerals (Development and Regulations) Act 1957. The petitioner who is engaged in construction of road on national highway No.8A and was under quarry permit to excavate ordinary clay for a temporary period and after said period was over, on the basis of inspection carried out by the Mining Department, the petitioner was allegedly found to have excavated more than permitted quantity and had excavated beyond the permitted area and for that reason, proceedings initiated.

(3.) Learned Senior Advocate for the petitioner submitted that the petitioner is inter alia engaged in construction of 4/6 laning of the section of road from Gandhidham (Kandla) to Mundra Port forming part of national highway No.8A (0.00 km to 71.40 km). For the said Kandla-Mundra road project, the petitioner required ordinary clay in large quantity. Therefore, the petitioner made application dated 27.08.2012 to respondent No.3 under Rule 61(1) of the Gujarat Minor Minerals Concession Rules, 2010 for quarry permit in respect of land bearing survey No.276/5, mouje Meghpar Borichi, Tal. Anjar, admeasuring 2.00 ha. By order dated 29.10.2012, the competent authority granted quarry permit to the petitioner for excavation of ordinary clay in the said land up to the quantity of 75,000 MT for a period of 90 days, on the conditions mentioned in the said order dated 29.10.2012.