Only existing quarry leases prior to the commencement of the Gujarat Minor Mineral Concession Rules, 2017 are eligible for extension under the specified provisions.

ORDER :

Sangeeta K. Vishen, J.

By this petition, the petitioner, has prayed for quashing and setting aside the communication/order dated 10.05.2023 of the respondent authorities, with a further direction to hold and declare that the lease of the petitioner, falling under sub-rule (3) of Rule 29 of the Gujarat Minor Mineral Concession Rules, 2017 (hereinafter referred to as the “Rules of 2017”), is deemed to have been extended as per clause (b) of sub-rule (1) of Rule 12 of the Rules of 2017 upto 31.03.2025.

2. Mr Satyam Chhaya, learned advocate for the petitioner submitted that the application was filed by the petitioner with respect to the land of village Jampura, Taluka: Songadh District: Tapi for the Survey Nos.43, 46 and 47 Tapi River Bed. Vide order dated 31.03.2011, the application was rejected and thereafter, the petitioner had approached Secretary, Mines and Minerals Department, by filing an application, which came to be allowed with a direction to the Collector to reconsider the application for grant of lease. It is thereafter, the letter of intent (hereinafter referred to as "the LOI") was issued by the competent authority on 18.10.2014 and the grant order was issued by the District Collector on 29.12.2018 and followed by execution of the lease deed on 15.01.2019 for 5 years.

3. It is submitted that the issue involved in the captioned writ petition is identical to the issue raised and decided in the case of Shree Dhara Minerals and Mines vs. State of Gujarat & Ors. in Special Civil Application No. 8850 of 2022 and allied matters and would be governed by the common oral judgment dated 26.07.2024 passed by this Court. It is therefore urged that appropriate orders be passed.

4. Heard the learned advocates appearing for the respective parties and considered the documents available on record.

5. It is not in dispute that the issues and grievances raised in the captioned writ petition are similar to those in the case of Shree Dhara Minerals and Mines (supra). The captioned writ petition, would be governed by the judgment passed in the said group of writ petitions. This Court in the said case, has held and observed that clause (b) of sub-rule (1) of Rule 12 is a provision extending the period of quarry leases which are either “granted or renewed” before the commencement of the Rules of 2017, i.e. 24.05.2017. It has been held and observed that clause (b) of sub-rule (1) of Rule 12 of the Rules of 2017 would apply only to the cases wherein, the lease is granted and is in currency, prior to the coming into force of the Rules of 2017. While also considering the provisions of Rule 29, it has been pointed out that on and after the date of commencement of the Rules of 2017, all the quarry leases in respect of minor minerals specified, would be governed by sub-rule (3) of Rule 12 read with Rule 29 of the Rules of 2017 for a period of five years only and those cases, after expiry of five years, would be governed as per the Rules of 2017 i.e. by auction, which is the principal object behind the Rules. Paragraphs 16 to 26 of the case of Shree Dhara Minerals and Mines (supra) are set out herein below for the ease of reference:

“16. Center to the issue, is Rule 12, which is extracted hereinbelow;

“12. Period of the quarry lease.-

(1) In case of:

(a) all minor minerals specified in Part A-II or Part B of Schedule III, the period of quarry lease granted or renewed before the date of commencement of these rules, shall be extended and be deemed to have been extended up to a period ending on March 31, 2030 for the quarry leases granted on land owned by the Government; upto a period ending on March 31, 2035 for the quarry leases granted on land not owned by the Government with effect from the date of expiry of the period of renewal last made or till the completion of period of quarry lease, if any, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with; and

(b) minor minerals specified in Part