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SUNIL B. SHUKRE, ANIL L. PANSARE
Orange City Stone Crusher Owners Association – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sunil B. Shukre, J.
Heard. Rule. Rule made returnable forthwith. Heard finally by consent.
2. A short question involved in all these petitions is-whether it is permissible for the State Government to require a person interested in obtaining quarry permit under Rule 59 of the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 (for short Rules, 2013) to submit environmental clearance as a condition precedent by issuing an executive instruction in the nature of impugned communication dated 24th March, 2022?
3. The brief facts leading to filing of these petitions are stated as under:-
b) According to the petitioners, till very recently they used to be granted
The main legal point established in the judgment is that the executive instruction requiring the submission of an environmental clearance certificate for a quarry permit was contrary to the provision....
The Court holds that the administrative act of issuing a lease deed follows the grant of quarry lease upon satisfaction of conditions within stipulated timelines.
Any quarry operations shall be permitted only by way of lease agreement, as per Article 299 (I) of the Constitution of India.
The main legal point established in the judgment is that short term quarry permits for minor minerals under Rule 59(1) should be granted based on an application made to the Competent Authority and no....
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
The main legal point established in the judgment is that the exceptional circumstances for granting short term mining licence (STML) under the West Bengal Minor Minerals Concession Rules, 2016 must b....
Failure of lessee - Rule 29 of rules provide for payments to be made under said rules – Rule 29 lays down conditions subject to which quarrying leases are to be granted.
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