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SANGEETA K. VISHEN
Indravadan Girishbhai Rana – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Sangeeta K. Vishen, J.
By this petition, the petitioner, has prayed for direction to the respondent authorities to continue online royalty passes with respect to the lease granted in favour of the petitioner, 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 Shivgar P. Gosai, learned advocate for the petitioner submitted that the application was filed by the petitioner for grant of quarry lease of Minor Mineral Ordinary Clay with respect to land bearing revenue survey no.1824-A, taluka Jambusar, village Jambusar, district Bharuch admeasuring 05.99.12 hectares. It is further submitted that the District Collector, passed an order dated 02.03.2018 for grant of lease in exercise of the powers conferred under sub-rule (1) of Rule 4 of the Rules of 2017.
2.1 It is submitted that opinions have been submitted of the Mamlatdar, Jambusar, Deputy Collector, Jambusar and other authorities. Even the Envir
Only existing quarry leases granted before the Gujarat Minor Mineral Concession Rules, 2017, can be extended under Rule 12, affecting the petitioner's claim.
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 prior to the commencement of the Gujarat Minor Mineral Concession Rules, 2017 are eligible for extension under the specified provisions.
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 ....
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