SCA/636/1980 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 636 of 1980 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ============================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ============================================= JAYANT B.VYAS C/O.BHUPATRAI SHIVRAM - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ============================================= Appearance : NOTICE SERVED for Petitioner(s) : 1,MR BIREN A VAISHNAV for Petitioner(s) : 1, MS REETA CHANDARANA ASST GOVERNMENT PLEADER for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2, ============================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 22/10/2008 ORAL JUDGMENT This is an old pending petition wherein the petitioner is seeking preferential rights under sub-section (1) of Section 11 of the Mines and Minerals (Regulations and Development) Act, 1957 ( for short “the Act”) for mining lease of the government land admeasuring 499 Acres. SCA/636/1980 2/3 JUDGMENT It appears that the petitioner was granted prospecting licence in terms of sub-section (1) of Section 11 of the said Act. He claimed preferential rights for being considered for grant of mining lease. Earlier the Government had reserved the said land for public sector. The petitioner had approached this Court by filing writ petition being Special Civil Application No.1231 of 1972 which came to be dismissed by the decision dated 07.08.1972. The petitioner had, thereupon, approached the Hon'ble Supreme Court and by interim order the State Government was restrained from giving mine lease for bauxite over the said area of 499 acres of land in Maleta and Kennedy villages of Kalyanpur Taluka of Jamnagar District. It appears that subsequently the Government decided to withdraw the reservation of the said land for public sector. At this stage, the petitioner has approached this Court by filing the present petition seeking to assert his preferential rights for grant of lease. The petition is opposed by the State Government by filing affidavit-in-reply dated 20.09.19980 in which it is stated interalia that the prospecting licence of the petitioner stood cancelled. He was asked to apply afresh if he is interested. Even there was considerable delay in filing the fresh petition. His request for grant of lease was turned down. Significantly, in the communication dated 23.08.1978 the State Government had conveyed to the petitioner that if he so desires, he may make fresh regular application in prescribed form for grant of mining lease. Having heard learned advocates for the parties and having perused the material on record, I do not find any illegality in the stand of the SCA/636/1980 3/3 JUDGMENT Government. Apparently, on account of litigation, so far no mining rights have been granted by the Government. It would of course open for the petitioner to apply afresh in accordance with law and the rules if he is fulfilling the requirements. But, surely, he cannot seek grant of mining rights on the basis of the same consideration way back of the year 1969, especially, when in the interregnum the ground realities would have undergone sea change. With above observations, the petition is dismissed. Rule is discharged. Interim relief stands vacated. ( Akil Kureshi, J. ) kailash, p.s.