Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Guj) 750

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ARAVIND KUMAR, MAUNA M. BHATT, JJ.
STATE OF GUJARAT - Appellant
Versus
KALUSINH PARBATSINH DEVDA - Respondent
LETTERS PATENT APPEAL NO. 862 of 2021
In
SPECIAL CIVIL APPLICATION NO. 3318 of 2016
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In
LETTERS PATENT APPEAL NO. 862 of 2021
Decided On : 22-11-2021

Advocates Appeared:
For The Appellant : MR KM ANTANI ASST. GOVERNMENT PLEADER
For The Respondent: MR PANKAJ S CHAUDHARY

Point of Law : Orders and actions of the authorities cannot be equated to the judgments of the Supreme Court and High Courts nor can they be elevated to the level of the precedents, as understood in the judicial world.

Headnote:
Gujarat Minor Mineral Concession Rules, 2010 - Rule 14, (1), 65 (1) - Gujarat Minor Mineral Concession Rules, 2017 - Lease for Land - Grant of Quarry Lease - Respondent had filed an application to get a lease for land for excavation of minor mineral limestone for a period of 10 years - Upon completion of formalities, Appellant No.3 called for necessary documents and after due verification rejected respondent’s application.
Finding of the Court:
High Court cannot ignore law and well-accepted norms governing writ jurisdiction and say that because in one case a particular order has been passed or a particular action has been taken, same must be repeated irrespective of fact whether such an order or action is contrary to law or otherwise - Each case must be decided on its own merits, factual and legal, in accordance with relevant legal principles - Orders and actions of authorities cannot be equated to judgments of Supreme Court and High Courts nor can they be elevated to level of precedents, as understood in judicial world - In view of foregoing reasons, in Court opinion learned Single Judge has committed an error in directing Appellants (Original Respondents) to re-consider case of Respondent (original Petitioner) for grant of quarry lease, for above reasons as also direction to consider application without insisting upon application of Gujarat Minor Mineral Concession Rules, 2017.
Result: Appeal allowed

JUDGMENT :

MAUNA M. BHATT, J.

1. The State as Appellant has filed this Letters Patent Appeal challenging the order dated 21.11.2019 rendered by the Learned Single Judge, in Special Civil Application No.3318 of 2016.

2. A Coordinate Bench of this Court vide order dated 30.9.2021 had issued notice and stayed the operation of the impugned order dated 21.11.2019. Considering the issue involved in this appeal lies in a narrow compass and with the consent of parties, the appeal is taken up for final hearing.

3. The relevant facts are to the effect that the Respondent herein (original petitioner) had filed an application dated 25.4.2012 to get a lease for land bearing revenue survey No.235/paiki/2 situated at village Aarkhi, Taluka: Dantiwada, District: Banaskantha admeasuring 7082 Sq. Mtrs for excavation of minor mineral limestone for a period of 10 years. Upon completion of formalities, the Appellant No.3 called for necessary documents and after due verification rejected the respondent’s application vide order dated 7.7.2012. The application was rejected in view of sub rule (1) of Rule 14 of the Gujarat Minor Mineral Concession Rules, 2010 (“Rules 2010” for short) which states that no quarry lease shall be granted for an area less than one hectare.

4. The Revision Application of the Respondent under subrule (1) of Rule 65 of Rules, 2010 was also rejected vide order dated 23.12.2015, confirming the order dated 7.7.2012. The Respondent preferred Special Civil Application No.3318 of 2016 challenging the orders dated 7.7.2012 and 23.12.2015. The Learned Single Judge vide judgement dated 21.11.2019 disposed of the petition with the following directions:

“9. On perusal of the sub-rule(1) of Rule 14 of Rules of 2010 and more particularly, second proviso, it is clear that Government has discretion in special case under special circumstances for the reasons to be recorded in writing to relax the provisions of the said Rule. Therefore, in facts of the case, respondent no.3 could consider the application of the petitioner to grant lease for area admeasuring 7082 sq. mtrs under special circumstance as submitted by the petitioner that no land except the land of area admeasuring 7082 sq. Mtrs is available for grant of lease for excavation of limestone.

10. The respondents have also considered other similar cases cited by the petitioner wherein the lease was granted for area less than one hectare.

11. In view of the above facts, which are not in dispute, respondent no.3 may consider the case of the petitioner at par with other similarly situated cases for grant of lease and may pass an order considering the special circumstances of the facts of the case of the petitioner as land admeasuring 7082 sq. Mtrs. Situated on survey no. 235/paiki/2 of village Aarkhi, Taluka Dantiwada, District Banaskantha is a natural piece of land and the petitioner has not demanded such land out of a bigger area. Respondent No.3 is also required to take into consideration the submission of the petitioner that no other area is available for grant of lease except the land admeasuring 7082 sq. mtrs. as demanded by the petitioner for the purpose of quarry lease of limestone. It would be therefore, in the interest of justice to quash and set aside the order dated 23rd December, 2015 passed by respondent no.2 confirming the order dated 7th July, 2012 passed by respondent no.3 rejecting the application of the petitioner for grant of quarry lease.

12. Accordingly the impugned orders are quashed and set aside and the matter is remanded back to the competent authority to consider the case of the petitioner keeping in mind the observations made in this order as a special case and consider the special circumstances under which the petitioner has prayed for granting quarry lease. The respondent authorities are also directed to consider the application of the petitioner without insisting upon the application of Gujarat Minor Mineral Concession Rules, 2017 which provides for grant of lease onl