Allowed

Vrundavan Metal Suppliers through Poa Holder Gopalkumar Bhurabhai Odich v. State of Gujarat

Gujarat HC5 May 2022SCA/5324/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the petition and directed the District Collector to execute a quarry lease deed by May 24, 2022, pending the petitioners undertaking not to mine until environmental clearance is obtained. The State Environment Impact Assessment Authority was directed to facilitate the clearance process. The writ application was disposed of.

What did the court decide?

Direction to District Collector to execute lease deed by May 24, 2022, and to Authorities to facilitate environment clearance.

Vrundavan Metal Suppliers through Poa… — Contract and Commercial Disputes | Gujarat HC (2022)

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C/SCA/5324/2022 ORDER DATED: 05/05/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 5324 of 2022

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================================================== VRUNDAVAN METAL SUPPLIERS THROUGH POA HOLDER GOPALKUMAR BHURABHAI ODICH

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Versus

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STATE OF GUJARAT

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

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MS SANGNA KANSAGRA(9378) for the Petitioner(s) No. 1 MS. DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1,2,3,4

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MR. MAULIK NANAVATI, for the Respondent No.5

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================================================== CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 05/05/2022

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ORAL ORDER

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Leave to join State Environment Impact Assessment

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Authority as party respondent No.5 is allowed. Amendment be

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carried-out forthwith.

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2. Heard Mr. Swar M. Kansagra, learned counsel for

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Ms. Sangna Kansagra, learned counsel appearing for the writ-

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applicant, Ms. Dharitri Pancholi, learned Assistant Government

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Pleader appearing for the respondent Nos. 1-4 - State

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authorities and Mr. Maulik Nanavati, the learned counsel

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appearing for the newly added respondent no.5.

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Page 1 of 5

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C/SCA/5324/2022 ORDER DATED: 05/05/2022

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Mr. Kansagra, learned counsel submitted that

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initially the application of the writ-applicant for grant of Letter of Intent was rejected by the District Collector. A revision was preferred, which came to be allowed by the Revisional Authority directing the respondent-District Collector to reconsider the application of the writ-applicant, in light of the observations made in the order passed by the Revisional Authority. Thereupon, a formal order came to be passed by the authority granting quarry lease for the area admeasuring 02.27.00 hectares in front of Survey No. 352 paiki 296-288, 399 in Narmada riverbed of Village: Poicha, Tal.: Nandod, Dist.: Narmada in favour of the writ-applicant. The said order required the writ-applicant to comply with the certain formalities mentioned therein. In the present case, the environmental clearance being one of the mandatory requirements is pending. Mr. Kansagra, learned counsel for the writ-applicant has submitted that the writ-applicant has made an application for grant of Environment Clearance. However, the said application is in process and no formal clearance has

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been issued by the respondent authority. Referring to Rule 29

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Page 2 of 5

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C/SCA/5324/2022 ORDER DATED: 05/05/2022

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of the Gujarat Mines and Minerals Concession Rules, 2017 it was contended that if a formal order granting quarry lease is not passed and quarry lease deed is not executed on or before 24.05.2022, the right of the petitioner to obtain quarry lease would have stood forfeited.

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The writ-applicant has been issued a communication

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by the respondent authority asking them to comply with all

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the conditions mentioned in the order granting lease and get a formal lease deed executed, failing which the right to continue the lease shall stand forfeited.

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Pursuant to the communication dated 16.09.2020 for the payment of stamp duty, the petitioner has submitted ‘Form-B’ along with required stamp duty, however, the stamp has expired on 08.04.2022, therefore, the respondents are directed to accept the new ‘Form-B’ with newly paid stamp duty in accordance with the communication dated 16.09.2020.

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It is in this backdrop that the writ-applicant has

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approached this Court praying for issuance of similar directions

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Page 3 of 5

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C/SCA/5324/2022 ORDER DATED: 05/05/2022

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to the respondent authority to execute a lease deed on or before 24.5.2022 subject to a fresh undertaking being furnished by the writ-applicant that he would not commence mining activity till grant of environment clearance.

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Having heard the learned counsel appearing for the respective parties, it is hereby directed that:

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(I) The writ-applicant shall file an undertaking before the respondent – District Collector, Narmada within a period of 10 days from the date of 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.

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(II) The District Collector, Narmada shall

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execute the lease deed within a period of 10 days from the date of filing of the undertaking and in any case on or before 24.5.2022.

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(III) In the meantime, the State Environment

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Page 4 of 5

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C/SCA/5324/2022 ORDER DATED: 05/05/2022

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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.

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With the above directions, the present writapplication stands disposed of.

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Direct service is permitted.

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(VAIBHAVI D. NANAVATI,J)

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Pradhyuman

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Page 5 of 5

Vrundavan Metal Suppliers through Poa Holder Gopalkumar Bhurabhai Odich v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Vrundavan Metal Suppliers through Poa Holder Gopalkumar Bhurabhai Odich v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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