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SANGEETA K. VISHEN
Manojbhai Ramanbhai OD – Appellant
Versus
State Of Gujarat – Respondent
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
Only existing quarry leases prior to the commencement of the Gujarat Minor Mineral Concession Rules, 2017 are eligible for extension under the specified 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.
Only existing quarry leases granted before the Gujarat Minor Mineral Concession Rules, 2017, can be extended under Rule 12, affecting the petitioner's claim.
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....
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
The Granite Rules, 1999 prevail over the Andhra Pradesh Minor Mineral Concession Rules, 1996 and the Andhra Pradesh Minor Mineral Auction Rules, 2022 in the event of repugnancy.
Point of Law : Orders and actions of the authorities cannot be equated to the judgments of the Supreme Court and High Courts nor can they be elevated to the level of the precedents, as understood in ....
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.
Past violations of quarrying lease terms disqualify the lessee from receiving new leases, signifying that compounding does not negate accountability for serious infractions.
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