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2022 Supreme(Online)(Guj) 1682

GUJARAT HIGH COURT
BIREN VAISHNAV, J
JAYSUKHBHAI MULJIBHAI GORANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR R.K.MANSURI
For the Respondents: MS. DHWANI R. TRIPATHI, MR MAULIK G NANAVATI

ORAL JUDGMENT

1 Rule returnable forthwith. Ms.Dhwani Tripathi, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondent-State.

2 In both these petitions, the prayer of the petitioner is to grant an order of Quarry Lease for Minerals in the respective areas.

3 Order for grant of the quarry lease could not be passed by the State as a result of non fulfillment of the conditions in the Letter of Intent.

4 Learned counsel for the parties, relies on an order dated 26.07.2022 passed by this Court in Special Civil Application No.8911 of 2022. The order read thus:

“1. The issue raised in the present petition is likelihood of right of the petitioner to obtain quarry lease being jeopardized in the event of Government not making a written order for grant of quarry lease despite non-fulfillment by the petitioner of certain conditions mentioned in the Letter of Intent (LoI), particularly one relating to obtainment of Environment Clearance, on or before 24.05.2022 under the provisions the Gujarat Minor Mineral Concession Rules, 2017.

2. The Government of Gujarat, in exercise of the powers conferred by section 15 of the Mines and Minerals (Development and Regul

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