Allowed

M/S Kandhaliey Enterprise v. State of Gujarat

Gujarat HC2 May 2022SCA/5600/2022

Case brief

AI extract

What is this about?

In this special civil application concerning a quarry lease, the Court directed the Collector to execute the lease deed within two weeks. The applicant was required to file an undertaking not to commence mining until environmental clearance is obtained.

What did the court decide?

Direction to the Collector to execute the lease deed within two weeks and to the applicant to file an undertaking not to commence mining until environmental clearance is granted.

M/S Kandhaliey Enterprise Vs State of Gujarat — Company and Corporate | Gujarat HC (2022)

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C/SCA/5600/2022 ORDER DATED: 02/05/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 5600 of 2022

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==========================================================

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M/S KANDHALIEY ENTERPRISE

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Versus STATE OF GUJARAT

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==========================================================

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Appearance:

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MS AYUSHRI M THAKKAR(10775) for the Petitioner(s) No. 1 MR ISHAN JOSHI, AGP for the Respondent(s) No. 1,2 NOTICE SERVED BY DS for the Respondent(s) No. 3,4 ==========================================================

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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 02/05/2022

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ORAL ORDER

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Heard Ms. Ayushri M. Thakkar, learned counsel

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appearing for the writ-applicant, Mr. Ishan Joshi, learned

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Assistant Government Pleader appearing for the respondent Nos. 1 and 2 - State authorities and Mr. Maulik Nanavati, for

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Nanavati & Co. appearing for the respondent no.4.

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Ms. Ayushri M. Thakkar, learned counsel submitted

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that initially Letter of Intent was issued in favour of the writapplicant. The writ-applicant complied with almost all the conditions mentioned therein except environment clearance. Referring to Rule 29 of the Gujarat Mines and Minerals

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Concession Rules, 2017 it was contended that if a formal order

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Page 1 of 4

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C/SCA/5600/2022 ORDER DATED: 02/05/2022

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granting quarry lease was not passed within a period of two years from the date of Letter of Intent, the right of the Letter of Intent holder to obtain quarry lease would have stood forfeited.

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Under such circumstances, the writ-applicant approached

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this Court seeking issuance of direction to the respondent authorities to pass formal order for grant of quarry lease subject to undertaking being furnished by the writ-applicant that the writ-applicant would not undertake any mining activity till such time the environment clearance is granted by the respondent authority. Such petition came to be entertained by this Court and directions were issued to the authorities to pass formal order granting quarry lease subject to undertaking furnished by the writ-applicant. Thereafter the Government has passed a formal order granting lease in favour of the writapplicant. Now the writ-applicant has been issued a communication by the respondent authority asking them to comply with all the conditions mentioned in the Letter of Intent and get a formal lease deed executed, failing which their right will stand forfeited.

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Page 2 of 4

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C/SCA/5600/2022 ORDER DATED: 02/05/2022

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It is in this backdrop that the writ-applicant has once again approached this Court praying for issuance of similar directions 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 a fresh undertaking before the respondent - Collector within a period of two weeks from the date of receipt of the copy of the present order to the effect that the writ-applicant shall not commence

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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 shall execute the lease deed within a period of 02 weeks from the

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Page 3 of 4

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C/SCA/5600/2022 ORDER DATED: 02/05/2022

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date of filing of the undertaking and in any case

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on or before 24.5.2022.

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(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.

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With the above directions, the present writ-

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application stands disposed of. Direct service is permitted.

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(VAIBHAVI D. NANAVATI,J)

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K.K. SAIYED

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Page 4 of 4

M/S Kandhaliey Enterprise v. State of Gujarat

Case brief

What is this about?

What did the court decide?

M/S Kandhaliey Enterprise v. State of Gujarat

Case brief

What is this about?

What did the court decide?

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