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Gujarat High Court · body

2013 DIGILAW 780 (GUJ)

PATEL VISHNUBHAI MAGANBHAI v. STATE OF GUJARAT

2013-12-27

ANANT S.DAVE

body2013
JUDGEMNT All these petitions are taken up for final disposal with consent of learned counsel for the respective parties. 2 That Special Civil Application No.14354 of 2011 is taken up as a lead matter, as facts stated therein form basis of the contentions canvassed by the learned counsels appearing for the respective parties in other matters also. 3 The petitioners have challenged in all these petitions the guidelines No.CGM/ML/QL/Disposal/11/3863 issued by the respondent No.2 – Commissioner of Geology and Mines Department, State of Gujarat, and prayed to dispose of the applications made by the petitioners in accordance with provisions contained in Mines and Minerals [Development & Regulation] Act, 1957, read with Gujarat Minor Mineral Concession Rules, 2010. The petitioners have also prayed to quash and set aside the public advertisement dated 21.08.2011 / 27.07.2011 issued by the respondent No.4. 4 It is the case of the petitioners that they are in the business of excavation of `ordinary sand' within the revenue limits of Panchmahals District. The petitioners were interested to obtain quarry lease on the river bed of `Panam', and accordingly, applications were submitted for allotment of land under the provisions contained in Mines and Mineral [development & Regulation] Act, 1957 [in short, `the Act, 1957’] read with Gujarat Minor Mineral Concession Rules, 2010 [in short, `the Rules, 2010’] framed in exercise of the powers conferred by Section 15 of the Act, 1957. The petitioners have also complied with the requisite requirements and all queries raised by the competent authority. However, the applications of the petitioners are not yet decided. That during the pendency of the applications of the petitioners before the competent authority, respondent No.3 had issued guidelines / instructions to all the Collectors in respect of applications received after 31.03.2010. As per clause [d] of the impugned guidelines, it has been decided by the respondent No.2 that in cases of sanctioned category area/low demand area, application will be invited after the same is put in public domain, and if multiple applications in the same category are received, the same shall be disposed of by way of draw system. 5 During the pendency of the applications preferred by the petitioners for quarry lease, respondent No.2 – Commissioner of Geology and Mines Department, State of Gujarat, issued impugned guidelines No.CGM/MLQL/Disposal/11/3863 dated 06.04.2011, and pursuant thereto public advertisement dated 21.08.2011 / 27.07.2011 came to be issued by the respondent No.4. 5 During the pendency of the applications preferred by the petitioners for quarry lease, respondent No.2 – Commissioner of Geology and Mines Department, State of Gujarat, issued impugned guidelines No.CGM/MLQL/Disposal/11/3863 dated 06.04.2011, and pursuant thereto public advertisement dated 21.08.2011 / 27.07.2011 came to be issued by the respondent No.4. As a result of the above instructions / guidelines and public notice, the applications submitted prior in time will become redundant, and procedures laid down in the instructions, if followed, would be arbitrary, unreasonable and violative of Article 14 of the Constitution of India. It also places unreasonable restrictions on the right to carry trade etc., and therefore also, it is violative of Article 19(1) (g) of the Constitution of India. In short, the prayer of the petitioners is to consider their applications strictly in accordance with provisions of Rule 8 of the Rules, 2010. 6 On behalf of the petitioners, learned Senior Advocate Mr. Rasesh Sanjanwala and learned advocate Mr. Mitul Shelat, canvassed submissions and learned advocates appearing for the respective petitioners in all other petitions have adopted such submissions. 6.1 Mr. Sanjanwala, learned Senior Advocate would contend that the subject controversy of the writ petitions is governed by the Mines and Minerals [Development and Regulation] Act, 1957 and the Rules made thereunder. That Rules known as Gujarat Minor Mineral Concession Rules, 2010, have direct bearing on various contentions raised against the decision of the respondents in not processing their applications for seeking grant of minor minerals / sand on the basis of first come first serve, and in some cases, such applications are rejected on the basis of circular / communication issued by the authorities of Department of Industry, Mines and Minerals, State of Gujarat, and a decision is taken and/or policy is under contemplation to dispose of minor minerals through public auction. 6.2 It is, therefore, submitted that even the Central Major Act has specific provisions about grant and/or renewal of mining lease and royalties in respect of mining lease as per sections 8 and 9 of the Act, 1957. Section 10 provides for application for prospecting licences or mining lease, and section 13 is about power of Central Government to make rules in respect of minerals. Section 10 provides for application for prospecting licences or mining lease, and section 13 is about power of Central Government to make rules in respect of minerals. The State Government of Gujarat in exercise of the powers conferred by Section 15 of the Act, 1957, made rules for regulating the grant of mining lease in respect of mining minerals and for the purposes connected therewith, and notification dated 26.08.2010 was published in official gazette on 27.08.2010. Rule 2 of the Rules, 2010 provides various definitions, and Rule 2[1][ii] defines `Competent Authority', and in case of matters pertaining minor minerals, except granite, the District Collector or, as the case may be, the District Officer of Geology and Mining shall have jurisdiction within their respective districts for such matters. Rule 2[1][vii] defines `quarry lease’, and clause [viii] is about `quarry Parwana' and clause [ix] is about `quarry permit’. Rules 4 and 5 are pertaining to grant of quarry lease, and renewal of quarry lease and rule 6 provides details about procedure and contents of application for quarry lease, and Rule 7 is about acknowledgment of application. In the above context, it is submitted that Rule 8, a statutory rule, prescribes priority to be accrued to an application under Rule 7 by the competent authority after making inquiries so as to sanction the grant of quarry lease or to refuse the sanction, but same is to be done within 90 days from the date of submission of the application. 6.3 According to learned Senior Advocate appearing for the petitioners, Rule 8(2) governs minor mineral excavation and mining on lease, including sand, and clause 2[1][ii] defines “Competent Authority”. It is submitted that when the applicants preferred their applications, admittedly, Rules of 2010 hold the field of subject applications and the communication dated 31.03.2010, 15.05.2010, 06.04.2011 and clarification dated 01.10.2011 are not by the competent authority viz. District Collector as defined under Rule 2(1)(ii)(b) or either by Director of Mining and Geology or such authorities, but no procedure is followed to amend Rules, 2010 and by administrative instructions, provisions of the rules could not have been given a gobye. 6.4 It is further submitted that guidelines / directions issued by the administrative authorities of the Department of Industries and Mines have no competence under law, and therefore, it is not only without jurisdiction or power but contrary to the Rules, 2010. 6.4 It is further submitted that guidelines / directions issued by the administrative authorities of the Department of Industries and Mines have no competence under law, and therefore, it is not only without jurisdiction or power but contrary to the Rules, 2010. Even there is no consistency or uniformity even for placing scattered area in public domain and even decision making process culminating into issuance of instructions is not part of the record. 6.5 In the above context, it is submitted that any decision taken for keeping all applications in abeyance and/or not to process or to reject applications seeking grant of lease of mining mineral of the petitioners filed on or before 31.03.2010 by the respondent authorities is arbitrary, unreasonable, discriminatory and contrary to Rules, 2010 and also provisions of Act, 1957 and violative of Articles 14 and 19 of the Constitution of India, and being illegal deserves to be quashed and set aside. 6.6 It is further submitted that though Chapter VIII under the heading `Miscellaneous' contains Rules 69 and 70 provide for `disposal of minor minerals by public auction in certain cases’ and `power of government to give direction’, however, will not defeat right accrued to the applicants under Rule 8 of the Rules, 2010. As per law, rules prevalent at the time of receiving applications will apply, and any inconsistency contained in the guidelines / directions issued by the authorities of Department of Industry and Mines of State of Gujarat with that of Act, 1957 and/or Rules, 2010 is to be ignored, and will have no applicability whatsoever to the pending applications on 31.03.2010. Even Rule 69 does not empower any such authority to issue direction or guidelines or to take any administrative action contrary to Rule 8 of the Rules, 2010. There is no rationale behind doing away with policy of first come first serve defeating the legitimate expectation of petitioners for grant of mining lease in accordance with Rules, 2010 and prevalent policy in larger public interest. Mr. Mitul Shelat, learned advocate appearing for petitioners in other writ petitions, while adopting submissions of Mr. Sanjanwala, learned Senior Advocate, advanced other grounds for challenge by drawing attention of the Court to the nature of area for which sand lease is to be applied. Mr. Mitul Shelat, learned advocate appearing for petitioners in other writ petitions, while adopting submissions of Mr. Sanjanwala, learned Senior Advocate, advanced other grounds for challenge by drawing attention of the Court to the nature of area for which sand lease is to be applied. Such area is scattered and having low domain and grant or otherwise preferred under Rule 8 is governed by provisions of Rules, 2010 and such application is to be decided within 90 days. sub-rule [1] prescribed for category of applications and proviso therein confers priority to a person holding mining lease in respect of an area and applied for a query lease over all other applicants. Therefore, according to Mr. Mitul Shelat, learned advocate for the petitioners, legal right accrued in favour of such applicants cannot be taken away by issuance of any guidelines or circular depriving such persons of their legal rights in unreasonable, arbitrary, discriminatory manner and in violation of Article 14 of the Constitution of India, and required to be quashed and in exercise of jurisdiction under Article 226 of the Constitution of India. It is further submitted that Rule 69 of the Rules, 2010 is a kind of additional source of power vested in the State Government to take recourse of disposing of minerals by way of auction and for which special or general order is to be issued by the government, and when the Government is defined in Rule 2[1] and clause [iv] of the Rules, 2010 and Commissioner, Additional Director Mines and Minerals are not the authorities so defined under the Rules, and therefore, in support of the above contentions and about applicability of prevalent rules to the applications preferred by the petitioners, following decisions are cited: [i] AIR 1951 SC 180 in the case of Fatma Haji Ali Mohammad Haji & Ors. v. State of Bombay [Exercise of powers by the authority has to be clear and unambiguous and when such exercise of powers affects the civil rights of the person concerned, a decision that the power has been exercised should be notified in the usual manner in which such decisions are made known to the public]. [ii] 1952 SCR 110 in the case of Harla v. The State of Rajasthan [Unless Rules, Guidelines and Orders are notified in the Gazette, it would have no force of law]. [ii] 1952 SCR 110 in the case of Harla v. The State of Rajasthan [Unless Rules, Guidelines and Orders are notified in the Gazette, it would have no force of law]. [iii] (1972) 2 SCC 601 in the case of Hukam Chand etc. vs. Union of India & ors. [Necessity of publication of Rule in the Gazette and when the authority empowered to exercise powers under Rule and take a decision, the same shall have no retrospective effect] Mr. P.K.Jani, learned Government Pleader, has heavily relied on Rules 69 and 70 of the Rules, 2010 and submitted that sub-rule [2][ii] of Rule 8 of the Rules, 2010 will be subject to Rules 4, 8(4), 69 and 70 of the Rules, 2010. It is further submitted that paras 8 to 10 of the affidavit filed by the competent officer of the Department of Mines, reveal rationale behind the decision to place mining area in the public domain, and to follow the procedure of auction in consonance with statutory provisions so as to bring transparency and fairplay in the matter of exploitation of minerals, which is natural resource, and therefore, clarificatory circular dated 01.10.2011 clearly envisaged that applications will be placed in public domain and applications for mineral concession will be processed accordingly. It also clarified that though the area containing minerals and of prime location will be brought under public auction, and areas having low demand and scattered will be placed under public domain, and thereafter, Rule 8(2) of Rules, 2010 will be applied, and system of draw will be followed in the case of receipt of more applications for one category. Thus, according to learned Government Pleader such policy takes care of rule 8(2) as well as consolidation and monopoly in favour of a few. Learned Government Pleader has placed reliance on the decision of the Apex Court in the case of State of Tamil Nadu v. M/s. Hind Stone etc. Thus, according to learned Government Pleader such policy takes care of rule 8(2) as well as consolidation and monopoly in favour of a few. Learned Government Pleader has placed reliance on the decision of the Apex Court in the case of State of Tamil Nadu v. M/s. Hind Stone etc. reported in AIR 1981 SC 711 about applicability of rules to the applications preferred would be the date on which decision is taken by the authority, and on the strength of Rules 69 and 70 of the Rules, 2010 and approval of Secretary of the concerned department was obtained in issuance of directions / instructions / orders and recommendations of Coordination cum Empowered Committee under the Chairmanship of the Chief Secretary were also considered as per Rule 15 of Business Rules of State Government and powers are exercised in consonance with Article 166 of the Constitution of India, and therefore, executive directions and guidelines, instructions issued in larger public interest in absence of arbitrariness or unreasonableness do not require any interference by this Court. 8 Learned counsel appearing for the parties viz. Petitioners as well as authorities of the State Government have relied on two decisions in the cases of ; [i] Central For Public Interest Litigation & Ors. reported in (2012)3 SCC 1 and [ii] Natural resources Allocation in, Re., Special Reference No.1 of 2013 reported in (2012)10 SCC 1 in the context of their submissions about disposal of natural resources either by policy laid down by the Government in this regard or by public auction or strictly in accordance with statutory provisions of the enactment. 9 Heard learned counsels appearing for the parties. 9.1 Before adverting to the rival contentions raised by the learned counsels for the parties, for the purpose of deciding the issue involved in these petitions, important provisions of Act, 1957 and Rules, 2010, are reproduced hereunder: The Mines and Minerals [Development and Regulation] Act, 1957 Introduction In the Seventh Schedule of the Constitution in Union List entry 54 provides for regulation of mines and minerals development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest. On account of this provision it became imperative to have a separate legislation. On account of this provision it became imperative to have a separate legislation. In order to provide for the regulation of mines and the development of minerals, the Mines and Minerals [Regulation and Development] Bill was introduced in the Parliament. Statement of objects and reasons The differentiation made between petroleum and other minerals in items 53 and 54 of the Union List has rendered separate enactments for the two necessary. The present Bill deals only with minerals other than petroleum. At present both are dealt with under the Mines and Minerals [Regularization and Development] Act, 1948 [53 of 1948]. Opportunity has been taken of putting forward this legislation to make some necessary changes in the provisions of the existing Act dictated by experience. These charges refer to [i] the prescription of a maximum limit of 50 square miles for a prospecting licence [Clause 6(1)]; [ii] the grant of a second renewal to the holder of a mining lease for iron ore and bauxite under certain circumstances [Clause 8(2)]; [iii] the authorization of the Central Government to undertake prospecting and mining operations in any land after prior consultation with the State Government [Clause 16]; [iv] the promulgation of rules for the beneficiation of low grade ores [Clause 17(2)(c)]; [v] the recovery of royalty, dead rent and other sums due to Government in the same manner as arrears of land revenue [Clause 24]; and [vi] the delegation of certain powers to State Governments and by State Governments to their subordinate authorities [Clause 25]. A number of provisions hitherto dealt with under the rulemaking powers of the Central Government have been transferred to the Act in order to restrict the scope of subsidiary legislation. These provisions are [i] no concession shall be granted to a person not in possession of a certificate of approval [Clause 5(!)]; [ii] the maximum period for which a prospecting licence or a mining lease may be granted [Clause 7 and 7]; [iii] the power to prescribe rates of royalty for various minerals [Clause 9 and Schedule II]; [vi] applications for prospecting licences and mining leases to be made in prescribed forms [Clause 10(1)]; [v] the priorities to be observed in the grant of prospecting licences and mining leases [Clause 11(2)]; and [vi] the power to make rules for regulating the grant of minerals concessions [Clause 13]. In this Act, unless the context otherwise requires: [a] "minerals” includes all minerals except mineral oils; [c] "mining lease” means a lease granted for the purpose of undertaking mining operations, and includes a sublease granted for such purpose; [d] “mining operations" means any operations undertaken for the purpose of winning any mineral; [e] "minor minerals" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral; [f] "Prescribed" means prescribed by rules made under this Act; Section 8. Periods for which mining lease may be granted or renewed. Section 9. Royalties in respect of mining lease. PROCEDURE FOR OBTAINING PROSPECTING LICENCES OR MINING LEASES IN RESPECT OF LAND IN WHICH THE MINERALS VEST IN THE GOVERNMENT Section 10. Application for prospecting licences or mining leases. [1] An application for a reconnaissance permit, prospecting licence or mining lease in respect of any land in which the minerals vest in the Government shall be made to the State Government concerned in the prescribed form and shall be accompanied by the prescribed fee. [2] Where an application is received under subsection (1), there shall be sent to the applicant an acknowledgment of its receipt within the prescribed time and in the prescribed form. [3] On receipt of an application under this section, the State Government may, having regard to the provisions of this Act and any rules made thereunder, grant or refuse to grant the permit, licence or lease. Section 13. Power of Central Government to make rules in respect of minerals. Section 14. [Sections 5 to 13] not to apply to minor minerals. Section 15. Power of State Governments to make rules in respect of minor minerals. [1] The State Government may, by notification in the Official Gazette, make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith. [Sections 5 to 13] not to apply to minor minerals. Section 15. Power of State Governments to make rules in respect of minor minerals. [1] The State Government may, by notification in the Official Gazette, make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith. [1A] In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: [a] the person by whom and the manner in which, applications for quarry leases, mining leases or other mineral concessions may be made and the fees to be paid therefor; [b] the time within which, and the form in which, acknowledgment of the receipt of any such applications may be sent; [c] the matters which may be considered where applications in respect of the same land are received within the same day; [d] the terms on which, and the conditions subject to which and the authority by which quarry leases, mining leases or other mineral concessions may be granted or renewed; [e] the procedure for obtaining quarry leases, mining leases or other mineral concessions; [f] the facilities to be afforded by holders of quarry leases, mining leases or other mineral concessions to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; [g] the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time within which and the manner in which these shall be payable; [h] the manner in which the rights of third parties may be protected (whether by way of payment of compensation or otherwise) in cases where any such party is prejudicially affected by reason of any prospecting or mining operations; [i] the manner in which the rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reasons of any quarrying or mining operations shall be made in the same area or in any other area selected by the State Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the quarrying or mining lease; [j] the manner in which and the conditions subject to which, a quarry lease, mining lease or other mineral concession may be transferred; [k] the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial rope ways, pipelines and the making of passage for water for mining purposes on any land comprised in a quarry or mining lease or other mineral concession; [l] the form of registers to be maintained under this Act; [m] the reports and statements to be submitted by holders of quarry or mining leases or other mineral concessions and the authority to which such reports and statements shall be submitted; [n] the period within which and the manner in which and the authority to which applications for revision of any order passed by any authority under these rules may be made, the fees to be paid therefor, and the powers of the revisional authority; and [o] any other matter which is to be, or may be prescribed. [2] Until rules are made under subsection (1), any rules made by a State Government regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals which are in force immediately before the commencement of this Act shall continue in force. [3] The holder of a mining lease or any other mineral concession granted under any rule made under subsection (1) shall pay royalty or dead rent, whichever is more in respect of minor minerals removed or consumed by him or by his agent, manager, employee, contractor or sublessee at the rate prescribed for the time being in the rules framed by the State Government in respect of minor minerals: Provided that the State Government shall not enhance the rate of royalty or dead rent in respect of any minor mineral for more than once during any period of three years. Section 23C. Power of State Government of make rules for preventing illegal mining, transportation and storage of minerals. Section 26. Delegation of powers. Gujarat Minor Mineral Concession Rules, 2010 Rule2. Definitions [1] In these rules, unless the context otherwise requires [ii] “Competent Authority” means [a] The Commissioner, who shall have jurisdiction in whole of the State of Gujarat in the matters pertaining to granite under these rules; [b] District Collectors or, as the case may be, District Officer of Geology and Mining, who shall have jurisdiction within their respective Districts in the matters pertaining to minor mineral except granite, under these rules; Explanation – The District Officer of Geology and Mining shall include the Geologist or the Assistant Geologist. [ii] “Commissioner” means Commissioner of Geology and Mining, Gujarat State; [iii] “Dead rent” means the guaranteed amount of royalty payable to the lesser, but calculated on the basis of the area leased and not on the quantity of minerals extracted or removed; [iv] “Government” means the Government of Gujarat; [v] “Form” means a form appeared to these rules; [vi] “Government” means the Government of Gujarat; [vii] “Quarry Lease” means a kind of mining lease in respect of a minor minerals granted under these rules or Granite Conservation and Development Rules 1999 or Marble Development and Conservation Rules 2002, as the case may be; [viii] “quarrying Parwana” means a quarrying Parwana granted under these rules to extract and remove building stones like limestone, sandstone, trap and sand only within notified area for land not exceeding a specific area; [ix] “quarrying permit” means the area declared by the President as Schedule Area, under PART C of the Fifth Schedule of the Constitution of India, for the State of Gujarat, vide the Scheduled Areas [State of Bihar, Gujarat, Madhya Pradesh and Orissa] Order, 1977. [2] xxx Rule4 Grant of quarry Lease – [1] Save and otherwise expressly prescribed in these rules, no person shall quarry, win, remove or carry away any minor mineral, in respect of the lands in which the mineral vest with the government accept as provided under these rules. [2] No leases under subsection (1) shall be granted without the prior approval of the Government, to any person other than an Indian citizen. [3] No quarry lease shall be granted by the Competent Authority in respect of any minor mineral except in accordance with such general instructions and directions as may be issued by the Commissioner from time to time regarding the conservation and scientific economic development of such mineral. [4] No quarry lease shall be granted in respect of lands notified by the Government as reserved for use of Government, local authorities or for any other public or special purposes. Such reservations shall be reviewed from time to time or at least once in five years: Provided that where any land in respect of which a quarry lease granted is notified by Government as reserved under this sub-rule, subsequent to such grant, it shall be lawful for the Competent Authority to renew such a quarry lease after the previous approval of the Commissioner. [5] No quarry lease shall be granted to any person other than the lessee himself of an area or a mineral in respect of which a mining lease has been granted: Provided that if such lessee to whom the mining lease or, as the case may be the quarry lease has been already granted does not apply for quarry lease, quarry lease may be granted to any other person. [6] No quarry lease or permit or Parwana shall be granted for minor mineral in the Schedule Area, without the recommendation of the GRAM SABHA at the appropriate level. [7] No application for quarry lease shall be taken into consideration in the area in respect of which an application for mining lease, if any, already pending, under Mineral Concession Rules, 1960, until, such application for mining lease is decided. Rule5 Renewal of quarry lease – Save or otherwise expressly provided in these rules, the provisions of these rules in relation to the grant of quarry lease shall also be applicable in relation to the renewal of quarry lease. Rule6 Application for quarry lease – [1] An application for the grant of a quarry lease in respect of land in which the mineral vest with the Government shall be made in triplicate in Form A to the competent Authority along with a treasury Challan of the amount of nonrefundable Application fee for processing of such lease application, as follows: [A] For quarrying sand, kankar, gravel and ordinary clay minor mineral [i] rupees five hundred for an area of less than five hectares; [ii] rupees one thousand for an area of five hectares or more [B] For quarrying minor minerals other than sand, kankar, ravel and ordinary clay minor mineral [i] rupees two hundred five hundred for an area of less than five hectares; [ii] rupees five thousand for an area of five hectares or more. [3] The application shall also be accompanied by ammonia print plan on cadastral map and uptodate certified copies of the relevant extracts of the records of rights pertaining to the lands in respect of which quarry lease is applied for: Provided that the application shall be liable to be rejected if an uptodate certified copy of any such relevant extract is not produced within thirty days of the presentation of the application to the Competent Authority, in case the same was not attached at the time of presentation of the applications. Rule7. Acknowledgment of application – Every application for a quarry lease shall be acknowledged in Form B. Rule8 Priority – [1] On receipt of an application under rule 7, the Competent Authority, after making such inquiries as it deems fit, may sanction the grant of a quarry lease to the applicant or refuse to sanction the same within ninety days from the date of submission of the application; Provided that the timelimit shall be applicable only if the application is complete in all respect. In case of delay or rejection of the application, specific reasons thereof shall be recorded by the Competent Authority. In case of delay or rejection of the application, specific reasons thereof shall be recorded by the Competent Authority. [2] Where two or more persons have applied for a quarry lease in respect of the same land the quarry lease shall be granted to the applicant in the following order of priority [i] a person who has set up a mineral based industry in the State which consumes the minor mineral as raw material in the industrial units established in the State; [ii] a local authority, Board, Corporation under the State Government or a cooperative society; [iii] a person who intends to set up a mineral based industry in the state; [iv] other applications: Provided that where a person holding a mining lease in respect of an area applies for a quarry lease in respect of that area, he may be given priority over all other applicants: Provided further that where two or more persons of the same category mentioned in clause [I] to [iv] have applied for a quarry lease in respect of the same land on the same day, the Competent Authority after taking into consideration the following matters, grant the lease to such one of the applicants or distribute the mineral bearing land in such manner between the applicants as it deems fit, [a] any special knowledge or experience in quarry possessed by the applicant; [b] the financial resources of the applicant; [c] the type and qualification of the technical staff employed or to be employed by the applicant; [d] the investment which the applicant proposes to make in quarry and in the industry based on the mineral. [e] such other matters as may be cancelled mined by the Competent Authority: Provided also that where the Competent Authority is satisfied that the person specified in clause [iii] above, to whom a quarry lease is granted has failed to establish an industry, within a period of two years may cancel the quarry lease, after giving him an opportunity of being heard and for the reasons recorded in writing. [4] Notwithstanding anything contained in sub-rule [2], the competent authority may, subject to such general instructions and directions as may be issued by the Commissioner from time to time regarding conservation and scientific and economic development of the minerals, for any special reasons to be recorded in writing, grant a quarry lease to an applicant whose application was area applied for between or amongst the applicants as it may deem fit. Rule 9 Register for application – The Competent Authority shall cause to maintain a register of applicable for quarry leases received by him in Form C. Rule 10 Grant of quarry lease – [1] On receipt of an application for the grant of a quarry lease under rule 6, the Competent Authority after making such enquirers as it deems fit, may grant the quarry lease over a part or the whole of the area applied for, to the applicant. When an application is refused or grant with reduced in area, the Competent Authority shall communicate the reasons of its refusal or, as the case may be, reduction in area, in writing to the applicant. In case where there are more than one applicant for the same land or the land has been distributed, it shall communicate the reasons of refusal in writing to the applicants to whom such lease is not granted within seven days of granting the quarry lease or leases for the same land; Provided that before granting the quarry lease in the schedule Area, the Competent Authority shall obtain the recommendations of the concerned Gram Sabha where the area of quarry is situated. [2] Where a quarry lease is granted under sub-rule [1], the requisite lease deed shall be executed in nine copies within three months of the date of order sanctioning the lease and if no such deed is executed within the said period, an order granting the lease shall be deemed to have revoked; Provided that where the Competent Authority is satisfied that the applicant is not responsible for the delay in the execution of the lease deed, he may permit the execution of the lease deed even after the expiry of the said period of three months. In any case, the further period shall not exceed one year from the date of sanction of lease. In any case, the further period shall not exceed one year from the date of sanction of lease. For the period of more than one year, the matter may be referred to the Government whose decision shall be final. [3] The lease deed shall be executed in Form D or in a form as near thereto as the circumstances of each case may require. Rule 15 Length and breadth of leased area – The length of an area held under a quarry lease shall not exceed four times its breadth: Rule 16. Boundaries below the surface – The boundaries of the area granted under a quarry lease shall run vertically downwards below the surface towards the center of the each. Rule 17. Period of the lease, renewals and availability of the areas already granted Rule 18 Surrender of area Leased Rule 69 Disposal of minor minerals by public auction in certain cases – Notwithstanding anything contained in the foregoing provisions , it shall be lawful for the Competent Authority to sell by public auction or otherwise dispose of the right to remove any minor mineral or of collection of royalty thereon in such cases or class of cases and on such terms and conditions as the Government may be a general or special order direct. 70 Power of the Government to give Direction – The grant or renewal of quarry lease, quarry permit and quarry parwana under these rules shall be subject to such general instructions and directions as may be issued by the government from time to time regarding conservation and scientific and economic development of minerals and industrial use of the Mineral in the State. Guidelines dated 06.04.2011 issued by the Commissionerate of Geology & Mining for disposal of applications received after 31.03.2010 for Major / Minor Mineral Concessions through blocks/auction, reads as under: “Guidelines for disposal of applications received before 31.03.10 have been issued vide letter dtd.15.5.2010. The issue to bring transparency in mineral concession discussed in the meeting of Coordination cum Empowered committee Meeting held under the Chairmanship of CS on 9.9.10 wherein it was categorically decided that henceforth all mineral bearing areas be put up in public domain. The same was reiterated in the Coordination cum Empowered Committee Meeting held on 23.3.2011. The issue to bring transparency in mineral concession discussed in the meeting of Coordination cum Empowered committee Meeting held under the Chairmanship of CS on 9.9.10 wherein it was categorically decided that henceforth all mineral bearing areas be put up in public domain. The same was reiterated in the Coordination cum Empowered Committee Meeting held on 23.3.2011. In pursuance to the same, it has now been decided that following guidelines be followed for the disposal of applications received after 31.3.10 for major/minor mineral concessions. a. In the case of applications for private land for minor and major mineral concessions other than lignite, bauxite, manganese and lime stone, normally no block notification will be issued and decision will be taken as per prevailing GRs and procedure. b. The availability of all mineral bearing areas in government land for major and minor minerals will be put in public domain. c. Disposal of application for major minerals received as stated above shall be disposed of as per MCR, 1960 and guidelines issued time to time by State Govt. in respect of such mineral. d. Disposal of application of minor minerals received after 31.3.2010. i. In case of prime location area, the application will be disposed off by way of pubic auction and ii. In case of scattered mineral bearing areas/low demand area, the application will be invited after the same is put in public domain. The applications will be disposed off as per rule 8(2) of GMMCR, 2010. In case of multiple applications in the same category, the same shall be disposed off by way of draw system.” [emphasis supplied] The provisions of the Act, 1957 and Rules, 2010 made thereunder has avowed objects and its enactment to provide for the regulation of excavation of mines and minerals to be carried out in such a manner that overall growth and development is not hampered and mindless unregulated depletion of natural resources can be controlled. That various sections of the Act, 1957 reproduced in preceding paragraphs of this judgment would show that definition clauses in Section 3 of the Act, 1957 elaborately defined “minerals”, “mining lease”, “mining operation”, “minor minerals”, etc. and procedure for obtaining prospecting licences, and Section 9 is about procedure for obtaining prosecuting licences for mining leases in respect of land in which the minerals vest in the Government. Section 10 is about application for prosecuting licences or mining leases. and procedure for obtaining prospecting licences, and Section 9 is about procedure for obtaining prosecuting licences for mining leases in respect of land in which the minerals vest in the Government. Section 10 is about application for prosecuting licences or mining leases. Accordingly, a procedure is prescribed along with rules made under Section 13 of the Act. Section 15 of the Act empowers State Government to make rules in respect of minor minerals and accordingly State Government has framed Gujarat Minor Mineral Concession Rules, 2010 for regulating grant of mining lease in respect of minor minerals and for purposes connected therewith. Thus, mining activities viz. in the facts of this case, excavation of minor minerals is regulated by the above Rules. Rule 2[1] [ii][a] contain definition clauses which defines “competent authority” and it includes the “Commissioner”, “District Collector” and Rule 2[1][ii] [b] defines District Officer of Geology and Mining shall include Geologist or Assistant Geologist. Under the very sub-rules [iii], [vi] & [vii] “Commissioner”, “Government” and “Quarry Lease” respectively are defined. Chapter II under the heading of Grant of Quarry Leases, include Rule 4 with regard to Grant of Quarry Leases and put a restriction on a person to carry out quarry, win, remove or carry away any minor mineral in respect of the lands in which the mineral vest with the Government, except as provided under these rules and save as otherwise expressly prescribed under the rules. sub-rule [2] again makes specific that no leases under subsection [1] shall be granted without the prior approval of the Government, to any person other than an Indian citizen and sub-rule [3] of the Rule 4 again restrict grant of quarry lease to any person by the competent authority in respect of any minor mineral except in accordance with such general instructions and directions as may be issued by the Commissioner from time to time to time regarding the conservation and scientific economic development of such mineral. The above sub-rule [3] emphasized conservation and scientific development of such minor mineral and commissioner is empowered to issue general instructions and directions from time to time keeping in mind sustainable economic development visàvis conservation of natural resources. The above sub-rule [3] emphasized conservation and scientific development of such minor mineral and commissioner is empowered to issue general instructions and directions from time to time keeping in mind sustainable economic development visàvis conservation of natural resources. Rule 6 provides for application for quarry lease to be made in a triplicate Form A to the competent authority along with treasury challan and amount is prescribed for quarrying minor minerals other than sand, kankar, gravel and ordinary clay minor mineral. That submissions are canvassed by learned advocate for the parties on the basis of rule 8 about priority to be accorded upon receipt of application under Rule 7 by the competent authority, and making necessary inquiries as deemed fit to sanction the grant of a quarry lease to the applicant or to refuse sanction within 90 days from the date of submission of the application. That above rule 8(1) confers discretion upon the competent authority to grant or refuse a quarry lease to the applicant upon making such inquiry as it deemed proper in the facts of each case, and decision is to be rendered within 90 days, but a condition is prescribed in the proviso that the time limit as above shall be applicable only if the application is complete in all respects, and in case of delay or rejection of the application, the competent authority has to record specific reasons thereof. sub-rule [2] of Rule 8 provides procedure to be followed by two or more persons if applied for quarry lease in respect of same land, and in a particular order, priority is to be considered as contained in clauses [i], [ii], [iii] and [iv]. That two provisos of sub-rule [2] of Rule 8 provide for according priority to a person holding a minor lease in respect of an area applies for a quarry lease for the very area, and where two or more persons of same category mentioned in clause [i] to [iv] as above if applied for quarry lease in respect of same land, on the same day, the competent authority has to consider certain matters as prescribed in clauses [a], [b], [c], [d] and [e] for grant of the lease to such one of the applicants or distribute the mineral bearing land in such manner between the applicants as it deems fit. That further proviso empowers authority to cancel the quarry lease in case of a person specified in clause [iii] viz. a person, who intends to set up mineral bases industry in the State, and upon grant of quarry lease has failed to establish an industry within a period of 2 years, the competent authority after affording an opportunity being heard and recording reasons in writing may cancel such quarry lease. Sub-rule [4] of Rule 8 begins with a no obstinate clause to sub-rule [2], and empowers the competent authority, subject to certain general instructions and directions as may be issued by the Commissioner from time to time regarding conservation and scientific and economic development of the minerals, for any special reasons to be recorded in writing to grant a quarry lease to an applicant whose application is received latter or to an applicant irrespective to the category to which he belongs or to distribute the area applied for between or amongst the applicants as it may deem fit and the above sub-rule [4] confers discretion upon competent authority in consonance with sub-rule [3] of Rule 4 regarding control and regulation of grant of quarry lease keeping in mind the conservation and scientific and economic development of such mineral. Rules 10 and 14 are about grant of quarry lease and restriction on area of quarry lease and accordingly the competent authority may grant or refuse or in case of grant of quarry lease restrictions can also be imposed about the area for which lease quarry is granted, etc. Rule 17 is about period of lease, renewals and availability of the areas already granted and Chapter VIII under the head `Miscellaneous' contain two important rules viz. Rules 69 and 70 conferring powers upon the competent authority notwithstanding anything contained in the forgoing provisions viz. Rule 17 is about period of lease, renewals and availability of the areas already granted and Chapter VIII under the head `Miscellaneous' contain two important rules viz. Rules 69 and 70 conferring powers upon the competent authority notwithstanding anything contained in the forgoing provisions viz. provisions contained in Chapter IV, V & VI, it shall be lawful for the Competent Authority to sell by public auction or otherwise dispose of the right to remove any minor mineral or of collection of royalty thereon in such cases or class of cases and on such terms and conditions as the government may by a general or special order direct and Rule 69 if perused in the context of object and reasons of the Act, 1958, Rules, 2010 and relevant section and rules produced herein above a duty is cast upon the Central Government, State Government and the authorities contained in the definition clause of the Act and Rules to see and also to enforce the conservation and scientific and economic development of such mineral. If for any good reason the Government by issuing any general order directs that particular area including any minor mineral is to be placed in public domain, which may include disposal of minor mineral by public auction in certain cases or otherwise dispose of the right to remove any minor mineral or question of royalty, including issuance of order / directions about scattered area and having low domain it cannot be said that priority mentioned in Rule 8 for considering application for grant of lease is to be followed mandatorily and it is obligatory upon the Government to undertake such procedure prescribed in Rule 8 in all cases all time. Even if Rule 69 is considered along with Rule 4(3) and 8(4), it is clear that Legislature has cast duty upon the State Government to provide all measures for conservation and scientific and economic development of the minerals so that sustainable growth and development of economy continues and natural resources and wealth of the country is not subjected to indiscriminate and mindless excavation. That Section 69 is reinforced by Section 70 which confers power upon Government to give direction in case of grant or renewal of quarry lease, quarry permit and quarry parwana under these Rules, including Rule 69 subject to such general instructions and directions that may be issued by Government from time to time and again keeping in mind conservation and scientific and economic development of minerals and industrial use of the mineral in the State. Therefore, a close reading of Rules 69 and 70 with Rules 4(3) and 8(4) abundantly make it clear that Government and its authorities are empowered to carve out a procedure for grant of lease if need arise, on assessment of overall facts and circumstances the disposal of minor minerals is to be placed in public domain, and to be disposed of either by following public auction or any other good method to dispose of such minerals and by further incorporating suitable terms and conditions in such general or specific order, directions can be issued. In the facts of this case, in view of the orders and instructions issued by way of circular to place minor mineral in public domain including scattered area having low domain and to follow draw system in case of multiple applications for same area and to follow the procedure in a rational manner so stated in the affidavit in reply, it cannot be said that action of the State Government of issuing guidelines dated 06.04.2011 and circulars during pendency of the applications preferred by the petitioners for grant of lease after 31.10.2010 are in any manner contrary to Rule 8 of the Rules, 2010 or any other provisions of the Rules, 2010. 10.1 Learned advocate for the petitioners highlighted the provisions of Rule 8 and priority to be accorded to the application received as per procedure and stages and manner prescribed in the above rule, but at the same time Rule 69 begins with nonobstinate clause irrespective of whatever is contained in any other Rules, 2010 when the State Government and its authorities take a decision for placing minor minerals in public domain and/or decided to dispose of such mineral in any manner, the court exercising extraordinary jurisdiction under Article 226 of the Constitution of India would be loath in striking down any such decision / order instruction when such procedure satisfies basic criteria of transparency and fairness in a decision making process, and available for scrutiny in case if a decision in a given case is contrary to law. At this stage, all the guidelines, circulars, instructions and public advertisement based on such guidelines are all well within the power so prescribed under Rule4, Rule 8(4)and Rules, 69 and 70 of the Rules, 2010. 10.2 It is trite that in cases of applications received and remained pending after issuance of instructions / orders on or before 31.03.2010 and remained pending will be governed by rules, orders, instructions in force on the date of decision that may be taken on such applications, and therefore, it cannot be said that instructions / orders / circulars issued by the State Government after receipt of applications under Rules 6 and 8 of the Rules, 2010 will have no applicability and such applications will be governed by the rules, circulars, orders, instructions in force on the sate when such applications are considered and decided by the competent authority. 10.3 In the case of M/s. Hind Stone Etc. [supra], in para 13, the Apex Court considered about applicability of Rules in reasonable time and held as under: “The submission was that it was not open to the Government to keep applications for the grant of leases and applications for renewal pending for a long time and then to reject them on the basis of Rule 8C notwithstanding the fact that the applications had been made long prior to the date on which Rule 8C came into force. While it is true that such applications should be dealt with within a reasonable time, it cannot on that account be said that the right to have an application disposed of in a reasonable tune clothes an applicant for a lease with a right to have the application disposed of on the basis of the rules in force at the time of the making of the application. None has a vested right to the grant or renewal of a lease and none can claim a vested right to have an application for the grant or renewal of a lease dealt with in a particular way, by applying particular provisions. In the absence of any vested rights in anyone, an application for a lease has necessarily to be dealt with according to the rules in force on the date of the disposal of the application despite the fact that there is a long delay since the making of the application. We are, therefore, unable to accept the submission of the learned counsel that applications for the grant of renewal of leases made long prior to the date of G.O.Ms. No. 1312 should be dealt with as if Rule 8C did not exist.” [emphasis supplied] 10.4 The grant of quarry lease prior to advertisement, which remained pending before the competent authority by itself would not confer any right upon applicant and policy / guidelines / instructions prevailing at the time of taking decision will be applicable. Therefore, the impugned public advertisement cannot be said to be illegal. 10.5 In view of the above and decision taken by the highest authority of the Department and so approved would reveal that any application of minor mineral submitted after 31.03.2010 so far as prime location area is concerned, it will be disposed of by way of public auction and for scattered mineral bearing area/low domain area, applications will be invited after the same is put in public domain and procedure is to be followed for such applications as per Rule 8(2) of the Rules, 2010. Thus, the above decision is not only fair and transparent but also in consonance with Rule 8 of the Rules, 2010 and all applications qua minor minerals in prime location area are to be disposed of by way of public auction only and for scattered mineral and low domain area, the area is to be put in public domain. Thus, the above decision is not only fair and transparent but also in consonance with Rule 8 of the Rules, 2010 and all applications qua minor minerals in prime location area are to be disposed of by way of public auction only and for scattered mineral and low domain area, the area is to be put in public domain. The above procedure has nexus with achieving scientific and economic development of minerals and industrial use of the minerals in the State. In addition to the above, in case of multiple applications for the same area, the same are to be disposed of by draw system, and therefore also, there will not be any discrimination. However, it would not mean that competent authority under Rule 8 of Rules, 2010 will dispense with the requirement of second unnumbered proviso to Rule 8(2) of Rules, 2010. The above guidelines and second unnumbered proviso to Rule 8(2) of Rules, 2010 are to be applied keeping in mind the provisions of Rule 4(8) of the Rules, 2010. As discussed earlier, Rule 8(4) of the Rules, 2010 begins with non obstinate clause and it has an edge over Rule 8(2) of the Rules, 2010 and the decision to be taken on the applications for minor minerals accordingly. 10.6 No notice, communication, order, instruction, etc. issued by the respondent authorities is contrary to law, impugned in these petitions, as contended by learned advocate for the petitioner. 10.7 That the decision in the case of Fatma Haji Ali Mohammad Haji & Ors. 10.6 No notice, communication, order, instruction, etc. issued by the respondent authorities is contrary to law, impugned in these petitions, as contended by learned advocate for the petitioner. 10.7 That the decision in the case of Fatma Haji Ali Mohammad Haji & Ors. [supra] was in the context of Section 48 of the Bombay Land Revenue Code, 1879 and after the Act came into force, the Government drafted rules under the provisions of Section 214 for promulgation and under provisions of Rule 92 a suit was filed by the plaintiff, who had requested for revision of survey of Dahisar Village to the Commissioner of Bombay Suburban District and executed an agreement under the provisions of Section 216 of the Code made a formal application in the above as required by the Code and the Rules made there under, and at the time of revision of the survey, it was found that nine plots of land comprise in eleven field numbers, which were formerly agricultural had been built upon and these were being used for nonagricultural purposes, the survey officer formed them into a separate group and showed them as kharaba and no assessment, either agricultural or nonagricultural, was levied on these nine plots and the plaintiff could not therefore recover any assessment in respect of these plots after 1926, and a request was made by the plaintiff to the Collector to assess nonagricultural assessment of these plots which was refused and it was observed that the above refusal was in contravention of the provisions of Rule 92 which imposed on the Collector duty to make alteration in the assessment, unless he has been directed to the contrary by the Government. That the trial court partially decreed the suit of the plaintiff, which on appeal before the High Court of Judicature of Bombay came to be modified and amended a declaration to the plaintiff that he was entitled to receive nonagricultural assessment of all the lands, which are and which may hereafter be used for nonagricultural purpose. That the trial court partially decreed the suit of the plaintiff, which on appeal before the High Court of Judicature of Bombay came to be modified and amended a declaration to the plaintiff that he was entitled to receive nonagricultural assessment of all the lands, which are and which may hereafter be used for nonagricultural purpose. Rule 92 of the Rules provided that when land assessed for the purpose of agricultural only if subsequently used for any purpose unconnected with agricultural, the assessment upon the land so used shall, unless otherwise directed by the Government be altered under s. 48 (2) by the Collector in accordance with rules 81 to 87 and considering the Rules, the Apex Court noticed that when Government was given the power to give directions to the Collector not to act in accordance with the imperative provisions of a rule which enjoin upon him to make the altered assessment, that power has to be exercised in clear and unambiguous terms as it affects civil rights of the persons concerned and the decision that the power has been exercised should be notified in the usual manner in which such decisions are made known to the public. The case as cited in earlier paragraphs, instructions / directions /guidelines / orders issued y the Director / Commissioner of Department of Industry and Mines are in consonance with Rule 70 in turn also applicable to Rule 69 of the Rules, 2010, it cannot be said that such instructions / guidelines / orders are contrary to Rules, 2010 and/or Act, 1957. 10.8 That the next decision relied in the case of Harla [supra] was with regard to a resolution passed by Jaipur State purporting to enact law viz. Jaipur Opium Act, but that law was neither promulgated nor published in the gazette nor made known to the public and in the above context the Apex Court held that mere passing of the resolution of the Council without further publication or promulgation of the law was not sufficient to make the law operative, and therefore, it was held that the said law was not a valid law. The above decision has no applicability in the facts of the case on hand inasmuch as Rule 69 empowers the competent authority, as defined under Rule 2(1)(ii) of Rules, 2010 which not only include District Collector or the District Officer of the Geology and Mining, including the Geologist or the Assistant Geologist and accordingly by general or special order sale of minor mineral by public auction or otherwise dispose of the right to remove can be issued. Rule 70 refers to grant of renewal of quarry lease, permit, parwana under these rules shall be subject to such general instructions and directions as may be issued by the Government from time to time include such directions / instructions / orders in consonance with Rule 69and not only under Rule 8 of the Rules, 2010. The primordial consideration is conservation and scientific and economic development of minerals and industrial use of the mineral in the State to be kept in mind. [emphasis supplied] 10.9 That the next decision in the case of Hukum Chand Etc. [supra] was with regard to subordinate legislation and about difference between subordinate legislation and statutory laws visàvis powers to make rules with retrospective effect and necessity to place rules before the Parliament in the context of Section 4 of Displaced Persons [Compensation and Rehabilitation] Act, 1954 under which Central Government was conferred powers to make rules. In the facts and circumstances of Section 40 of the above Act whereby the amendment was given a retrospective effect by providing that the explanation was to be deemed always to have been inserted vide amendment dated 11.02.1960 made by the Central Government acting under Section 40 of the Act and interpreting Section 40, the Apex Court found that although the power of making rules to carry out the purposes of the Act has been conferred upon the Central Government, there is no provision in the section which may either expressly or by necessary implication show that the Central Government has been vested with power to make rules with retrospective effect. However, in the facts of these cases, as noted earlier powers conferred under Rules, 69 and 70 of the Rules, 2010 in consonance with Section 15 of the Act, 1957, and therefore, the above judgment is also of no help to the petitioners. Therefore, none of the above decisions has any relevance for the issue involved in these petitions. However, in the facts of these cases, as noted earlier powers conferred under Rules, 69 and 70 of the Rules, 2010 in consonance with Section 15 of the Act, 1957, and therefore, the above judgment is also of no help to the petitioners. Therefore, none of the above decisions has any relevance for the issue involved in these petitions. 10.10 That affidavit filed by the respondent authority clearly revealed that before issuance of instructions / guidelines / directions, the matter was placed for due deliberation including approval and sanction of the higher authority of the Department and it was considered by task force and Coordination cum Empowered Committee held under the Chairmanship of the Chief Secretary on 09.09.2010 and thereafter it was decided that all mineral bearing areas be put up in public domain and procedure to be followed, and accordingly the Commissionerate of Geology and Mining issued guidelines on 06.04.2011 qua disposal of applications received after 31.03.2010 for major / minor mineral concession through blocks / auction and a clarificatory instructions / communication dated 01.10.2011 cannot be said to be in any manner contrary to law. The said guidelines dated 06.04.2011 received approval of highest authority of the Department of Mines and Industry as per note dated 01.04.2011 and the contention raised by learned advocates for the petitioners that the Collector is the only competent authority to issue instructions / guidelines in the case of minor mineral is misconceived and decision taken by highest authority cannot be faulted on such contention. Therefore, it cannot be said that even any flaw is noticed in decision making process. 10.11 It is trite that law as on force at the time of making decision or passing an order would apply to pending applications and reliance placed by Shri P.K.Jani, learned Government Pleader in the case of Hind Stone etc. [supra] as noticed earlier is clearly applicable in the facts of this case which arises out of the Act, 1957 and Rules made there under. 10.12 The decisions viz. Central For Public Interest Litigation & Ors. [supra] as noticed earlier is clearly applicable in the facts of this case which arises out of the Act, 1957 and Rules made there under. 10.12 The decisions viz. Central For Public Interest Litigation & Ors. [supra] and [ii] Natural resources Allocation [supra] for which law laid down by Their Lordships of Apex Court in view of what is interpreted and held in the foregoing paragraphs of of this judgment on the context of Rules 8(4), 69 & 70 of the Rules, and particularly when the State Government authorities have decided to put minor minerals in public domain in a fair and transparent manner, it cannot be said that law laid down by the Apex Court in the above two decisions have any bearing on the facts of these cases. In view of the above, submissions based on according priority under Rule 8 of Rules, 2010 with that of the decision now taken by the respondent – State authorities to place minor mineral in public domain or to dispose of it otherwise for conservation and scientific economic development of such mineral in accordance with provisions of Rules 4(3), 8(4), 69 and 70 of the Rules, 2010 upon consideration of overall facts and circumstances and procedure followed by respondents neither appears to be unreasonable, arbitrary, discriminatory nor in any manner contrary to law and violative of Articles 14 and 19 of the Constitution of India warranting any interference by this Court under Article 226 of the Constitution of India. In absence of any merit, all these petitions are rejected. Notice issued in each of the petition stand discharged. However, there shall be no order as to costs.