JUDGMENT

1. RULE returnable forthwith. Learned Assistant Government Pleader Mr. Angesh Panchal, waives service of notice of Rule for and on behalf of the respondents – State Authorities.

2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.

3. By way of present petition under Article 226 & 227 of the Constitution of India read with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter be referred to as “the Act”) and with the provisions of the Gujarat Minor Mineral Concession Rules, 2017 (hereinafter be referred to as “the Rules”), the petitioner has prayed for the following reliefs :

“(A) THIS HONORABLE COURT MAY BE PLEASED TO issue appropriate writ order or direction and thereby, hold and declare that lease of petitioner being falling under Rule 29(3) of Rule, 2017 is deemed to have extended as per Rule 12(1)(b) of the Rules 2017 upto 31.03.2025, in the interest of justice.

(B) THIS HONORABLE COURT MAY BE PLEASED TO issue appropriate writ order or direction to the respondents may unlock the ATR No.QL1607044814 of quarry lease granted for sand mineral at mouje Mota-Vasana, Taluka Jhagadiya, District Bharuch, opposite Survey Numbers 19, 268, and 292 of Narmada River for the area Admeasuring 10-00-00 Hectare to the petitioner till 2025 or till the further notification of respondent, in the interest of justice.

(C) Pending admission, hearing and till the final disposal of the petition, THIS HONORABLE COURT MAY BE PLEASED TO direct the respondent authority to may unlock the All Time Royalty Account No.QL1607044814, in the interest of justice.

(D) THIS HONORABLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice and equity.”

4. Brief facts giving rise to the present petition are that, the petitioner had filed application seeking quarry lease for Sand Mineral, which came to be rejected by the Collector-Bharuch vide order dated 01.02.2011. That, against the said order, the petitioner preferred Revision Application before the respondent No. 1 and the respondent No.1 vide order dated 15.07.2015 allowed the said Revision Application and thereby, directed the respondent Nos.2 and 3 to execute the quarry lease deed and comply with the order within 45 days. That thereafter, the petitioner applied for Mining Plan and Environment Clearance for the demanded quarry lease area, whereby the Mining Plan was approved on 14.02.2017 and Environment Clearance was approved on 30.04.2017. That thereafter, the Gujarat Minor Mineral Concession Rule, 2017 came into force w.e.f. 24.05.2017 repealing the Gujarat Minor Mineral Concession Rule, 2010. That, as per Rule 29(1) of the Rules, 2017, all pending applications for grant of quarry leases were treated as ineligible but, as per Rule 29(2) of the Rules, 2017 since approval was granted by the State Government with direction to execute the lease agreement, therefore, the case of the petitioner was considered as save case.

4.1 It is the case of the petitioner that the respondent No.2 - Collector, Bharuch had granted quarry lease for the sand mineral for the above-mentioned area, with certain conditions and as per the quarry lease grant order the petitioner had complied with all terms and conditions and therefore, on 21.06.2018 the quarry lease agreement was executed for the period of 5 years. That, the respondent No.1 had issued notification dated 09.03.2018 bringing the certain modification including in Rule 12(1)(b) of the Rules, whereby the figure "2022" came to be substituted for the figure "2020" and thereafter, there was another Government Resolution dated 30.03.2022 substituting the figure "March 31, 2025" in place of figure "March 31, 2022" and therefore, the petitioner filed an extension application vide application No. EX160704527 for the quarry lease granted