Disposed

Mangbai @ Gangbai Valji Harijan v. State of Gujarat

Gujarat HC1 Apr 2019SCA/3222/2019

Case brief

AI extract

What is this about?

This special civil application directed the petitioner to submit a fresh representation to the Collector regarding a lease of mining activity for ordinary sand, considering the 2017 amendment. The Collector was directed to reconsider the issue and grant a hearing within two months.

What did the court decide?

Direction to make representation to Collector; Collector to reconsider and grant hearing within two months.

Mangbai @ Gangbai Valji Harijan Vs State of… — Mining and Natural Resources | Gujarat HC (2019)

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C/SCA/3222/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 3222 of 2019

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MANGBAI @ GANGBAI VALJI HARIJAN

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Versus

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STATE OF GUJARAT

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================================================================ Appearance:

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A A DAUDIVHORA(7516) for the Petitioner(s) No. 1 for the Respondent(s) No. 2,3,4,5,6,7 MR DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 01/04/2019

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ORAL ORDER

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Though this petition is filed by the petitioner for the purpose of complying with the order dated 28.09.2015 by the respondent no.6 which directs the Collector to enter into agreement for the purpose of lease of mining activity for ordinary sand, the petition is disposed of with a direction that the petitioner shall make representation again before the respondent no.6 to reconsider the issue afresh with due regard to the amendment in the Act i.e. 2017 in Mines and Minerals (Development and Regulation) Act 1957.

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It will be open for the petitioner to raise the contention that on account of the decision taken in favour of the petitioner by setting aside the decision of the Collector, the lease of the petitioner would be protected and that the amended provision may not apply. As the

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Page 1 of 2

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C/SCA/3222/2019 ORDER

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issue has not been dealt with in the aforesaid order, it will be appropriate to direct the respondent no. 6 (Appellant Authority and Deputy Secretary (Mines) Industries and AMP Mines Department Sachivalaya, Gandhinagar) within a period of two months from the date of such representation. The respondent shall grant an opportunity of hearing to the petitioner.

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With the aforesaid direction, the petition stands disposed of. However, it is open for the petitioner to file a fresh petition in case of any difficulty.

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(A.Y. KOGJE, J)

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URIL RANA

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Mangbai @ Gangbai Valji Harijan v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Mangbai @ Gangbai Valji Harijan v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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