The High Court of Rajasthan at Jodhpur dismissed a writ petition seeking relief regarding the cancellation of a Letter of Intent. Relying on a coordinate bench's judgment, the court held that there was no reason to disagree, citing non-compliance by the petitioner and environmental concerns.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 7174/2021
Bharat Singh Shekhawat S/o Shri Shivdayal Singh Shekhawat, Aged About 68 Years, Resident Of House No. 45, Paschim Vihar, Vaishali Nagar, Jaipur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vikas Balia Mr. Ankur Mathur For Respondent(s) :
JUSTICE DINESH MEHTA
Order
08/12/2021
(2 of 2)
[CW-7174/2021]
“Admittedly, the Letter of Intent (“LOI”) was issued to the petitioner on 28.01.2013. The petitioner was required to get the environmental clearance Certificate within the stipulated period under the terms and conditions of the LOI so issued and now the petitioner wants to avail further period of one year stated to be granted under the new Rule. Accordingly, this Court finds no reason to disagree with the judgment rendered by the learned Single Judge at Jaipur Bench of this Court in the case of M/s. Chandak Associates (supra) especially when the learned Single Bench too while dismissing the writ petition took into consideration the fact that the petitioner- firm even in that case had failed to comply with the condition of the temporary working permit and the terms and conditions of the LOI. The Court further held that the cancellation of LOI in absence of mining operation by the petitioner-firm cannot be said to be illegal. Besides, the Apex Court in the case of Naveen Sharma Vs. The State of Rajasthan & Ors. vide its order dated 16.11.2017 passed in Special Leave to Appeal (C) No.34811/2013) has come down heavily on the Ministry of Environment, Forest and Climate Change about degradation of the environment in Rajasthan and being totally unconcerned by allowing the mining to continue in spite of their not obtaining environment clearance certificate. Dismissed accordingly.”
also dismissed.
(DINESH MEHTA),J
21-Rahul/-
1 issue framed by the court
Whether the writ petition should be dismissed in light of a coordinate bench's decision on similar facts regarding LOI cancellation.
Colour shows how this judgement treated each authority
Shiva Corporation (India) Limited Vs. State of Rajasthan & Ors.Followed¶16
Shiva Corporation (India) Limited Vs. State of Rajasthan & Ors. (SBCWP No.11399/2017)
M/s. Chandak AssociatesRelied on¶20
M/s. Chandak Associates
Naveen Sharma Vs. The State of Rajasthan & Ors.Referred¶20
Naveen Sharma Vs. The State of Rajasthan & Ors. vide its order dated 16.11.2017 passed in Special Leave to Appeal (C) No.34811/2013
Bharat Singh Shekhawat
State Of Rajasthan
Jt. Secretary To Government
Director, Department Of Mines And Geology
Superintending Mining Engineer
Mining Engineer
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
