Ashapura Export Private Limited vs State Of Gujarat

Vaibhavi D. Nanavati, J

Heard learned Advocate Mr. Apurv S. Vakil for the petitioner and Mr. Dhawan Jayswal, learned Assistant Government Pleader for the

respondentÂ​State.

Following order came to be passed in Special Civil Application No.7047 of 2021 dated 30th April, 2021.

In view of the aforesaid, it is directed that the Government shall pass an order in writing on or before 20.05.2021 for grant of quarry lease to the

petitioner in accordance with the Condition mentioned in the LOI with further condition as under:

(I) The petitioner shall file an undertaking before the District Collector, Kutch within one week from today to the effect that the petitioner shall not

commence or carry out any mining activity in the area in question till the environmental clearance and other conditions as mentioned in the letter of

Intent are fulfilled, as provided under the Mines and Minerals (Development and Regulation) Amendment Act, 2015 is obtained by the petitioner.

The petition is allowed in the aforesaid terms. Rule is made absolute with no order as to costs.

Copy of the order to be communicated to Mr.Ishan Joshi, learned AGP for onwards communication. In addition to regular mode of service and

service by Email by the Registry, Direct Service by email by the petitioner is also permitted.â€​

In the present petition the present petitioner is seeking further directions with the following prayers :Â​

“(A) to command the Respondents to immediately and forthwith and in any case not later than 23.05.2021 â€" execute lease deed in favour of the

Petitioner for quarrying Bentonite pursuant to the application dated 22.09.2016, Letter of Intent dated 03.03.2020 (AnnexureÂ1) and the order for

grant of a quarry lease directed to be issued by this Hon'ble Court vide judgment and order dated 30.04.2021 (AnnexureÂ2) passed in Petitioner's

SCA 7047 of 2021;

(B) to direct, pending the hearing and final disposal of the present Special Civil Application, the Respondents to immediately and forthwith and in any

case not later than 23.05.2021 execute lease deed in favour of the Petitioner for quarrying Bentonite pursuant to the application dated 22.09.2016,

Letter of Intent dated 03.03.2020 (AnnexureÂ1) and the order for grant of a quarry lease directed to be issued by this Hon'ble Court vide judgment

and order dated 30.04.2021 (AnnexureÂ​2) passed in Petitioner's SCA 7047 of 2021;

(C) to provide for the costs of the present Special Civil Application;

(D) to pass such other and further order as this Hon'ble Court deems fit and proper in the facts and circumstances of the present case.â€​

Heard learned advocate Mr. Apurv Vakil for the petitioner and learned Assistant Government Pleader Mr. Dhawan Jayswal, for the respondentÂ‐

State.

Learned advocate Mr. Apurv Vakil states that pursuant to order dated 30th April, 2021 passed in Special Civil Application No. 7047 of 2021 page

no.21 to 27, the competent authority has required the petitioner to furnish performance security within one or two days. The petitioner has relied on

amended SubÂ​rule (iii) of Rule 29 dated 6th January, 2020.

Learned advocate Mr. A.S. Vakil seeks further directions for execution of the lease deed.

Let the matter be listed on 19th May, 2021.