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2022 Supreme(Online)(Guj) 6813
HIGH COURT OF GUJARAT
BIREN VAISHNAV, J
DEDHIYA HIMANSHU TARACHANDBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent
R/SPECIAL CIVIL APPLICATION NO. 9695 of 2022
For the Appellants/Petitioners: MR R.K.MANSURI
For the Respondents: MS DHWANI TRIPATHI, AGP, MR MAULIK G NANAVATI
The amendment of time limits for quarry leases ensures applicants' rights are preserved even amid compliance challenges.
Headnote:(A) Gujarat Minor Mineral Concession Rules, 2017 - Rule 29 - Application for quarry lease - Petitioner sought lease for bentonite mineral, issued Letter of Intent in 2016 - Alleged failure to obtain Environment Clearance - Time for government to issue order extended from 2 years to 8 years through subsequent amendment - Apprehension of lapsing the right now invalidated. (Paras 2, 6, 9)
(B) Timelines and conditions for granting quarry leases and the legal implications of amendments impacting existing applications discussed. Petitioner directed not to commence mining activities until conditions of the Letter of Intent are fully met. (Paras 7, 9)
Facts of the case:
Petitioner sought quarry lease for bentonite mineral and faced challenges in obtaining the required Environment Clearance, fearing loss of rights due to the expiry of the prescribed time limit of the Letter of Intent.
Findings of Court:
Court acknowledged the government’s amendment extending the time limit for issuing quarry lease, thus alleviating the petitioner’s concerns about losing rights. Court directed the issuance of quarry lease subject to compliance with conditions.
Issues: Whether the petitioner could continue with the application for quarry lease despite failures in meeting all conditions set forth in the Letter of Intent and what impact the amended rule has on the case.
Ratio Decidendi: The court held that amendments to rules can extend existing applicants' rights, ensuring compliance is legally functional and fair to both parties involved.
Result: Petition allowed; directions issued for the formal grant of quarry lease.
| Table of Content |
|---|
| 1. petition for quarry lease details, including conditions for grant. (Para 2 , 3) |
| 2. issues of compliance with conditions and fear of losing rights. (Para 4 , 5) |
| 3. amendment extends rights, mitigating compliance concerns. (Para 6 , 7) |
| 4. court directs grant of lease pending compliance with regulations. (Para 8 , 9 , 10) |
ORDER
1. Rule returnable forthwith. Ms. Dhwani Tripathi, learned Assistant Government Pleader waivers service of notice of rule on behalf of the respondent nos. 1 – 3 and Mr. Maulik Nanavati, learned Advocate, waives notice on behalf of respondent no. 4.
2. The prayer in the present petition is for issuance of a direction to the State Government to pass an order for grant of quarry lease for mining bentonite mineral in terms of Letter of Intent dated 21.04.2016 and consequential order for execution of a lease deed before the cut-off date of 23.05.2022 without insisting on compliance by the petitioner of all the conditions mentioned in the Letter of Intent.
3. The petitioner had made an application seeking quarry lease for bentonite mineral and was issued a Letter of Intent on 21.04.2016. This Letter of Intent enumerated various conditions which were to be fulfilled by the petitioner, like obtaining Environment Clearance, approved mining plan, valuation from stamp duty department, etc. On fulfillment of these conditions, an order granting quarry lease in favour of petitioner would be made by the government and a formal lease deed will be executed permitting the petitioner to commence mining of the mineral from the leased area.
4. Mr. Mansuri, learned Advocate for the petitioner, has submitted that the petitioner has complied with all conditions of Letter of Intent except obtaining Environment Clearance.
The petitioner has made an application for grant of Environment Clearance but for reasons beyond control of the petitioner the State Environment Impact Assessment Authority has not yet granted the Environment Clearance. Learned Advocate has further submitted that after the issuance of Letter of Intent, Gujarat Minor Mineral Concession Rules , 2017 came into force and Rule 29 thereof provided that the “government shall issue an order in writing for grant of a quarry lease to the holder of a letter of intent upon satisfaction of the following conditions within a period of two years from the date of commencement of these rules, failing which the right of such an applicant for grant of a quarry lease shall be forfeited automatically”. This time period of 02 years was extended by subsequent amendments, and lastly stood extended upon 23.05.2022. Believing that the petitioner will not receive the Environment Clearance on or before 24.05.2022 and apprehending that in absence of a formal order granting quarry lease being passed by the government before the said date the petitioner shall lose right to get the quarry lease in view of expiration of the time period prescribed in Rule 29 of the Gujarat Minor Mineral Concession Rules , 2017, the petitioner approached this Court by filing the present petition.
5. A Co-ordinate Bench of this Court passed the following order on 17.06.2022 while notice on the petition. “1. Notice returnable on 07.07.2022. Learned advocates appearing for the respective respondents waive service of notice.
2. Learned AGP Mr.Trivedi has submitted that the State Government is under process of taking a policy decision, which will take some time. He has submitted that the issue with regard to extension of time limit is also under consideration.
this ground with regard to extension of time limit of execution of the lease deed on or before 24.04.2022. affidavit specifically stating whether they intend to extend the time, which has already expired on 24.04.2022. which is being undertaken by the respondent authority shall be incorporated in the affidavits, which shall be filed on or before the next date of hearing.
matters.”
