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SANGEETA K. VISHEN
Hemubha Malubha Jadeja – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Sangeeta K. Vishen, J.
1. With the consent of the learned advocates appearing for the respective parties, the captioned petitions are taken up for final disposal.
2. Issue Rule, returnable forthwith. Mr. Niraj Sharma, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.
3. The petitioners have prayed for quashing and setting aside the orders, both dated 11.03.2022 passed by the Collector, Kutch, Office of the Geology & Mining Department whereby, the application of the petitioner for grant of quarry lease for bentonite mining for a requisite period, has been rejected in view of sub-rule (2) of Rule 29 of the Gujarat Minor Minerals (Concession) Rules, 2017 (hereinafter referred to as "Rules of 2017"). The Collector has further directed that the grant of the quarry lease shall be governed as per the provisions of Rule 4 of Rules of 2017. The petitioners, are aggrieved by the said rejection and hence, the captioned writ petitions.
4. Thus the issue, involved in both the captioned writ petitions, is common; therefore, are heard analogously and are being disposed of by this common judgment. Treating Special Civil Application No. 10932
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
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.
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 ....
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....
Point of law: Rule 12 (5) (b) of APMMC Rules, 1966 provides relaxation to the authorities to consider applications on the priority basis, by recording any special reasons
Point of law : If there are any of disqualifications attached to any of these applicants, the same will have to be considered by the State Government. The factual inquiries as above cannot be appropr....
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.
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