The central legal point established in the judgment is the mandatory requirement for the government to issue an order in writing for grant of quarry lease within a specified period under the Gujarat Minor Mineral Rules 2017.

ORDER :

1. In this petition which is filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent No. 2 to forthwith issue LOI and also the order of grant of the Quarry Lease and to execute the lease in favour of the petitioner under Rule 29(3) read with Rule 29(5) of the Gujarat Minor Mineral Rules 2017 as amended vide notification dated 09.03.2018 pursuant to the Quarry Lease application dated 06.03.2017 and written representation dated 21.08.2019.

(A1) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order and/or direction and thereby, may be pleased to quash and set aside the order dated 07.01.2021 passed by the respondent No. 2.

(B) Pending the hearing and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the Respondent No. 2 to forthwith process the petitioner’s application for grant of the lease at Annexure-B hereto; and to issue the Letter of Intent in favour of the petitioners under Rule 29(3) read with Rule 29(5) of the Gujarat Minor Mineral Rules 2017 as amended vide notification dated 09.03.2018 pursuant to the Quarry Lease application dated 06.03.2017 and written representation dated 21.08.2019.

(B1) Pending the hearing and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the order dated 07.01.2021 passed by the respondent No. 2.

(C) An ex-parte ad-interim relief in terms of prayer (B) above may kindly be granted.

(C1) An ex-parte ad-interim relief in terms of prayer 14(B1) above may kindly be granted.

(D) YOUR LORDSHIPS may be pleased to grant such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case.”

2. Heard learned advocate Mr. Arvind Yadav for the petitioner and learned Assistant Government Pleader Mr. Ishan Joshi for the respondents.

3. Learned advocate for the petitioner has referred to the averments made in the memo of the petition and thereafter contended that the erstwhile owners submitted an application on 08.09.2014 for the land in question being Survey No. 1088/14 paiki of Mauje Madhavpur, District Porbandar for conversion of the said land from Agricultural to Non-Agricultural Use. The competent authority passed an order on 19.03.2016 and the land was permitted to be converted from New Tenure to Old Tenure for the purpose of quarrying of building limestone in favour of erstwhile joint owners of the land. Thereafter, NOC was obtained on 13.02.2017 by the petitioner from the erstwhile owners for quarrying for the aforesaid purpose. The petitioner thereafter submitted an application on 06.03.2017 to the respondent No. 2 in the prescribed format for grant of quarry lease for the subject land for an area of 1.09.27 hectares. The competent authority passed an order on 04.10.2017 permitting Non-Agricultural Use of the subject land i.e. for quarrying of limestone. It is submitted that in the meantime, Gujarat Minor Mineral Concession Rules, 2010 were repealed and Gujarat Minor Mineral Concession Rules, 2017 (hereinafter referred to as the ‘Rules of 2017’) were brought into force. It is submitted that as per the Rules of 2017, the Government is required to issue an order in writing for grant of lease to the leaseholder within a period of 2 years from the date of commencement of the said Rules. Learned advocate has referred to the relevant provisions of the said Rules and thereafter contended that necessary procedure was followed and report was obtained from the competent authority. Even Environmental Clearance Certificate dated 13.11.2018 was also issued by the competent authority in favour of the petitioner.

4. At this stage, it is also pointed out that Letter of Intent has not been issued in favour of the petition