IMPORTANT POINT
Only existing quarry leases granted before the Gujarat Minor Mineral Concession Rules, 2017, can be extended under Rule 12, affecting the petitioner's claim.

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 Environment Impact Assessment Authority has given environmental clearance coupled with sanctioning of the mining plan by the Assistant Geologist. It is therefore, submitted that once the procedure has been followed and when the lease has been granted, it has to be upto 31.03.2025 in view of the provisions of Rules of 2017. As against this, the respondent authorities, have discontinued the issuance of the online royalty passes with respect to the lease in question. It is therefore, urged that the petitioner, is aggrieved by the said discontinuance of the issuance of royalty passes.

3. Heard Mr Shivgar P. Gosai, learned advocate for the petitioner.

4. 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 vs. State of Gujarat & Ors. passed in Special Civil Application no.8850 of 2022 and allied matters. 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 the 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 extracted 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