The authority cannot undo an issued Letter of Intent without jurisdiction and adequate notice, maintaining adherence to principles of natural justice.

ORAL JUDGMENT

1 Rule returnable forthwith. Learned advocates appearing for the respective respondents waives service of notice of rule.

2 On 05.05.2022, the Co-ordinate Bench of this Court, passed the following order:

1. Heard Ms. Ayushri M. Thakkar, learned counsel appearing for the writ-applicant, Mr. Ishan Joshi, learned Assistant Government Pleader appearing for the respondent Nos. 1 to 3 - State authorities. Mr. Maulik Nanavati, learned counsel, who usually appears for State Environment Impact Assessment Authority – respondent no.4 is directed to appear on advance copy by the Court. Mr. Nanavati, learned counsel has accordingly appeared on behalf of the respondent no.4.

2. Ms. Ayushri M. Thakkar, learned counsel appearing for the writ-applicant submitted that Letter of Intent has been issued in favour of the writ-applicant, and that the writapplicant has complied with almost all the conditions mentioned in the Letter of Intent. Ms. Thakkar, 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. Thakkar, learned counsel has further invited attention of the Court to order dated 25.11.2021 passed by the District Collector, Jamnagar, suo-motu canceling the Letter of Intent. Ms. Thakkar, learned counsel has submitted that the District Collector once having issued Letter of Intent, pursuant to the order passed by the Revisional Authority does not have power, either under the Act or the Rules or otherwise to review / recall the said order. Therefore, the order dated

25.11.2021 canceling the Letter of Intent is without jurisdiction. Ms. Thakkar, learned counsel has argued that, even otherwise the said order has been passed without issuance of notice of the writ- applicant and grant of any opportunity of hearing, thereby, violative of the principles of natural justice. Ms. Thakkar, 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 24.05.2022, the right of lease in favour of the writ-

applicant would stand forfeited.

3. Ms. Thakkar, 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 10 days 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 order dated 25.11.2021 passed by the respondent - District Collector shall remain stayed, pending the present writ-application. The State Government shall issue a formal order granting quarry lease within a period of 10 days from today and the District Collector shall thereafter execute the lease deed within a period of 10 days on filing of undertaking. The entire exercise of issuance of formal order granting lease and the execution of lease deed is directed to be completed on or before 24.05.2022. The issuance of formal order granting quarry lease and execution of sale deed, shall be subject to the final outcome of the present petition;

(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. Matter to be listed for f