Back
2025 Supreme(GUJ) 738
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3457 of 2025 ==========================================================
BIPIN ARJUNBHAI THAKKAR Versus STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR JAY N SHAH(10668) for the Petitioner(s) No. 1 MR MAYANK CHAVDA AGP for the Respondent(s) No. 1,2,3,4 ==========================================================
CORAM: HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 28/03/2025
Important Points
Subject
Environmental Law - Mining Regulations
Headnote
(B) Mining Activities - The court directed that no mining activity shall commence until the Environment Clearance certificate is issued. (Paras 4(I), 4(II))
(C) Lease Execution - The State Government is mandated to issue a formal order granting quarry lease and the District Collector to execute the lease deed by 23.05.2025. (Paras 4(II))
Facts of the case:
The writ-applicant has applied for Environment Clearance but has not received it, risking forfeiture of lease rights if not executed by the deadline.
Findings of Court:
The court ordered the issuance of the quarry lease and execution of the lease deed within specified timelines, ensuring compliance with environmental regulations.
Issues: The main issues were the issuance of the Environment Clearance and the timeline for executing the quarry lease.
Ratio Decidendi: The court emphasized the necessity of obtaining Environment Clearance before commencing mining activities, reinforcing the importance of environmental regulations in lease agreements.
Result: The writ-applicant is required to file an undertaking and the State Government must complete the lease process by the specified date.
ORDER :
1. Heard Ms. Kruti M. Shah, learned counsel appearing for the writ-applicant and Mr. Mayank Chavda, learned Assistant Government Pleader appearing for the respondent Nos. 1 to 4 - State authorities.
2. Ms. Kruti M. Shah, learned counsel submitted that Letter of Intent has been issued in favour of the writ-applicant and that the writ-applicant has complied with almost all the conditions mentioned in the Letter of Intent. Ms. Shah, learned counsel further submitted that the writ-applicant has applied for grant of Environment Clearance by making an appropriate application to the State Environment Impact Assessment Authority. However, the final clearance certificate has not been issued or granted by the Authority. Ms. Shah, learned counsel further contended that in the event the formal order of quarry lease is not made by the Government and a lease deed is not executed by the District Collector on or before 23.05.2025, the right of lease in favour of the writ-applicant would stand forfeited.
3. Ms. Shah, learned counsel relied on the order passed by the coordinate bench of this Court in Special Civil Application No. 7 of 2017 and Special Civil Application No. 6602 of 2021 with allied matters.
4. Having heard the learned counsel appearing for the respective parties, it is hereby directed that:
(I) The writ-applicant shall file an undertaking before the respondent Collector within a period of two weeks from the date of the receipt of the copy of the present order to the effect that the writ-applicant shall not commence or carry out any mining activity till the Environment Clearance certificate is issued in favour of the writ-applicant.
(II) The State Government shall issue a formal order granting quarry lease within a period of three weeks from today and the District Collector shall thereafter execute the lease deed within a further period of three weeks from the date of the order granting quarry lease. The entire exercise of issuance of formal order granting lease and the execution of lease deed is directed to be completed on or before 23.05.2025;
(III) In the meantime, the State Environment Impact Assessment Authority is directed to complete and/or facilitate completion of all formalities leading to grant of Environment Clearance and issue such instructions as may be necessary to the concerned agencies.
5. Let the matter to be listed for further hearing on 05.05.2025.
Direct service is permitted.
