Gulab S/O Mangruji Gedam vs State Of Maha., In The Ministry Of Ports ...
2024 Latest Caselaw 24739 Bom

Bombay High Court

Gulab S/O Mangruji Gedam vs State Of Maha., In The Ministry Of Ports ... on 26 August, 2024

Author: M.S. Jawalkar

Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar

2024:BHC-NAG:9529-DB


                                                            1                             33.WP.8484-2023.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH AT NAGPUR

                                      WRIT PETITION NO. 8484 OF 2023
                            ( Shri Gulab s/o Mangruji Gedam
                                            Vs.
           State of Maharashtra, In the Ministry of Ports and Mining, Mantralaya,
                  Mumbai-32, Thr. Its Additional Chief Secretary & Ors. )

         Office Notes, Office Memoranda                     Court's or Judge's orders
         of Coram, Appearances, Court's
         orders     or    directions and
         Registrar's orders


                                 Mr. V.S. Kukday, Advocate for the Petitioner.
                                 Mr. Saurabh Joshi, AGP for the Respondents/State.


                                 CORAM:        AVINASH G. GHAROTE AND
                                               SMT. M.S. JAWALKAR, JJ.

DATED : 26th AUGUST, 2024

Heard.

2. Mr. Kukday, learned Counsel for the Petitioner, states that the matter in issue in the present Petition is covered by the judgment of this Court in Avinash s/o Namdeo Warwatkar Vs. Hon'ble Minister, Industry, Energy and Labour Department, Mumbai and others, Writ Petition No.3882/2023 with connected matter decided on 10.04.2024, in which the following has been held in para 6:

"6. The second ground for holding that lease has lapsed, is Section 4-A (4) of the MMDR (Amendment) Act, 2021. In this context, it is necessary to note, that the impugned order has been passed on 23.03.2023. The words "mining operations" are replaced with words "production and dispatch" in Section 4-A (4) of the MMDR (Amendment) Act, 2015 with effect from 2 33.WP.8484-2023.odt

28.03.2021 and the lapsing, can only be there in case production and dispatch has discontinued for a period of two years. The date 28.03.2021, therefore, becomes material in determining the period of two years, for the propose of lapsing of the lease. Since in the instant case, the impugned order has been passed on 23.03.2023, the period of two years as of date, had not come to an end, considering that the amendment was brought into effect from 28.03.2021. It is also necessary to note, that the proviso to Section 4-A (4) of the MMDR (Amendment) Act, 2021 permits the extension of the above period of two years, as contemplated therein. "

3. Mr. Joshi, learned AGP for the Respondents/State, does not dispute that the issue in the Petition is covered by what has been held above, in view of which, the impugned order dated 28.03.2024 is hereby quashed and set aside and the Respondents are directed to decide the application of the Petitioner for issuance of transit passes in terms of the policy as extant within a period of two weeks from today.

4. The Petition is allowed in the above terms. No costs.

5. Pending application/s, if any, shall stand disposed of accordingly.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 27/08/2024 16:28:02