Back
VAIBHAVI D. NANAVATI
Hargovindbhai Somabhai Patel, Since Decd. Through Legal Heirs Umeshbhai Hargovindbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Issue RULE, returnable forthwith. Ms. Dhwani Tripathi, learned Assistant Government Pleader waives service of Rule for and on behalf of the respondent – State authorities.
2. With the consent of the learned advocates appearing for the respective parties, the present petitions are taken-up for final hearing. Since in all the group of matters, common question of law involved, with the consent of the learned advocates appearing for the respective parties, Special Civil Application No. 20361 of 2018 is treated as lead matter and facts are taken from the said Petition.
3. The brief facts leading to the filing of the present Petition reads thus:
3.1. The petitioner herein was granted lease since 2002-03, which came to be renewed from time to time from Sant Sarovar Dam to Koteshwar Mining work, which was being carried-out in proper manner as prescribed under the Rules, Regulations, Circulars and directions issued by the State Government as well as issued by the Competent Authority. The lease was allotted to the petitioner after maintaining the distance 1000 meters from the dam (upstream and downstream) 500 meters. From the canal, upstream and downstream and 200 meters from the brid
The renewal of a mining lease must comply with procedural requirements, including consultation with the Gram Panchayat and conducting a Joint Inspection as mandated by applicable rules.
The main legal point established in the judgment is that the application of Rule 29(1) and Rule 29(2) of the Gujarat Minor Mineral Concession Rules, 2017, determines the eligibility of pending applic....
The application for renewal of a mining lease must be considered according to the rules in force at the time of disposal, and the reduction of the mining area must be in compliance with the relevant ....
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
A mining lease holder must obtain Environmental Clearance before commencing operations, and failure to do so precludes any extension of the lease period under the Rajasthan Minor Mineral Concession R....
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
There cannot be a collateral challenge to an order by a respondent in a writ proceeding instituted by a petitioner for implementation of such order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
