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Judgment
Mauna M. Bhatt, J
Heard learned advocate Mr. Nirav Mishra for the petitioner and learned Assistant Government Pleader Mr. Sahil Trivedi for the respondents (respondents no. 1 to 4).
RULE. Learned Assistant Government Pleader Mr. Sahil Trivedi waives service of notice of rule for and on behalf of the respondent – State.
Considering the issue involved and by consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing today.
Aggrieved by inaction on the part of the respondents – State Authorities in not executing the lease agreement in favour of the petitioner, this petition is filed.
Learned advocate Mr. Nirav Mishra for the petitioner submitted that the petitioner has completed all the formalities pursuant to the Letter of Intent dated 25.09.2018. In this case, Environment Clearance Certificate is granted vide communication dated 15.09.2021, despite that the lease deed has not been executed by the respondent authorities in favour of the petitioner. He further submitted that respondents vide letter dated 18.02.2022, has asked to provide recent 7/12 abstracts and Form No. 6 of the revenue record showing Non-agricultural activity by the petitioner. Moreover, vide communication dated 18.02.2022, it has been informed that once these conditions are fulfilled, the lease deed will be executed. It is submitted that in response to the communication dated 18.02.2022, the petitioner had provided the requisite details and fulfilled all the conditions. Further, upon fulfillment of all the conditions, vide communication dated 05.03.2022, the request to execute the lease deed is also made by the petitioner. According to learned advocate for the petitioner, if the respondents fail to execute the lease deed on or before 23.05.2022 which is last date of execution of lease deed, as provided in Rule 29 (3) of the Gujarat Minor Mineral Concession Rules, 2017, the lease deed stands obliterated.
Learned Assistant Government Pleader Mr. Sahil Trivedi appearing for the respondent – State Authorities could not dispute the facts on record.
Having heard the learned advocates for the respective parties and considering the documents on record, the District Collector, Morbi is directed to execute the lease deed in case of the petitioner on or before 23.05.2022, on the petitioner filing an undertaking on or before 21.05.2022 to the effect that the petitioner shall not commence or carry out any mining activity till the satisfactory compliance of conditions of LOI and grant order are fulfilled, as per the law, to the satisfaction of District Collector, Morbi.
It is clarified that if the petitioner fails to comply with any of the condition of the LoI, it will be open for the State to act in accordance with law.
With the above observations and directions, the present petition stands disposed of.
In addition to regular mode of service, direct service is permitted.