ORDER :

1. Rule returnable forthwith. Mr. Rohan Shah, learned Assistant Government Pleader waivers service of notice of rule on behalf of the respondent nos. 1 – 3 and Mr. Maulik Nanavati, learned Advocate, waives notice on behalf of respondent no. 4.

2. The prayer of the petitioner in the present petition is for issuance of a direction to the State Government to pass an order of grant of quarry lease for sand mining in terms of Letter of Intent dated 10.08.2015 and consequential order for execution of a lease deed.

3. It is the case of petitioner that he has complied with all conditions of Letter of Intent except obtaining Environment Clearance. It is further say of the petitioner that an application has already been made for obtaining the clearance, but for reasons beyond his control the authority has not yet granted the Environment Clearance. The petitioner believing that he will not receive the Environment Clearance on or before 24.05.2022 and apprehending that in absence of a formal order granting quarry lease being passed by the government before the said date he shall lose his right to get the quarry lease in view of expiration of the time period prescribed in Rule 29 of the Gujarat Minor Mineral Concession Rules, 2017 approached this Court by filing the present petition.

4. On 24.05.2022, a co-ordinate Bench of this Court passed the following order :

“Heard Ms. Namrata J. Shah, learned counsel appearing for the petitioner and Mr. Aakash Chhaya, learned Assistant Government Pleader appearing for the respondent-State. Issue Notice making it returnable on 07.06.2022. Mr. Aakash Chhaya, learned Assistant Government Pleader waives service of notice on behalf of the respondent Nos.1 to 4. Mr. Aakash Chhaya, learned Assistant Government Pleader, upon instructions, submits that a proposal for further extension of time is pending with the higher authority. Therefore, he requests for time and by that time, notification might be issued. However, if no such notification is issued, necessary orders will be passed, accordingly. Direct service qua respondent no.5 is permitted. To be heard with Special Civil Application No. 18568 of 2021.”

5. It is informed that pending the petition, the Government of of Gujarat in the Industries and Mines Department has issued a notification dated 12.10.2022 amending the Gujarat Minor Mineral Concession Rules, 2017, particularly Rule 29 thereof. The time of 02 years mentioned in sub-rule (3) for the government to issue in writing an order granting quarry lease was initially enlarged to 04 years and by notification dated 16.09.2021 enlarged to 05 years. This period is now extended by notification dated 12.10.2022 to 08 years. The cut-off date which was expiring on 23.05.2022 now stands extended by virtue of such amendment.

6. Ms. Ayushri Thakkar, learned Advocate appearing for the petitioner has relied upon an order dated 26.07.2022 passed by co-ordinate Bench of this Court in Special Civil Application No. 8911 of 2022 involving similar facts. The order dated 26.07.2022 reads thus :

“1. The issue raised in the present petition is likelihood of right of the petitioner to obtain quarry lease being jeopardized in the event of Government not making a written order for grant of quarry lease despite non-fulfillment by the petitioner of certain conditions mentioned in the Letter of Intent (LoI), particularly one relating to obtainment of Environment Clearance, on or before 24.05.2022 under the provisions the Gujarat Minor Mineral Concession Rules, 2017.

2. The Government of Gujarat, in exercise of the powers conferred by section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) and in suppression of all the rules made in this behalf, framed the Gujarat Minor Mineral Concession Rules, 2017. Rule 29 of the said Rules is relevant for adjudication of the issue involved in the present petition, and the same reads thus:

“29. Existing applications and right of holder of letter of intent. (1) Al