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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
State of Gujarat – Appellant
Versus
Arvindbhai Thakorbhai Kayasth – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
The intra-court appeal filed by the State is directed against the judgment and order dated 30.09.2022 passed by the learned single Judge, whereby a direction has been given to consider the application for renewal of quarry lease of the petitioner as ‘saved case’ and to decide the same by the Collector within the time given therein. The learned single Judge has opined that the case of the petitioner has to be considered as a ‘saved case’ as the order in revision dated 19.06.2014 was passed in favour of the petitioner, but it was not acted upon by the respondent authorities during the time when 2017 Rules namely Gujarat Minor Mineral Concession Rules, 2017 (in short as the ‘Rules 2017’) replaced the earlier Rules namely Gujarat Minor Mineral Concession Rules, 2010. It is noted by the learned single Judge that it was not the fault of the petitioner that the petitioner could not submit an environment clearance certificate in time.
2. A brief narration of facts relevant to decide the controversy are necessary to be noted at the inception. The respondent herein namely the original petitioner was granted quarry lease of ordinary sand vide agreement dated 23.04.2
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
Only quarry leases granted or renewed before the commencement of the Gujarat Minor Minerals Concession Rules, 2017 are eligible for extension under Rule 12.
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.
The court emphasized the principle of fairness and directed the authority to consider the petitioner's case as a 'saved case' and to decide on the renewal of quarry lease expeditiously.
The main legal point established in the judgment is the court's interpretation and application of Rule 29 of the Gujarat Minor Mineral Concessions Rules, 2017, in directing the government to issue an....
Once the terms and conditions of a lease are accepted, the party cannot challenge them. The application of statutory provisions, such as Rule 9(1) of the JMMC Rules, must be adhered to in determining....
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