Case Note & Summary
The petitioner, Lalit Mohanlal Sharma, filed a Special Civil Application under Article 226 of the Constitution read with the Mines and Minerals (Development and Regulation) Act, 1957 and the Gujarat Mineral Rules, 2017, challenging an ex-parte order dated 03.01.2026 passed by the Geologist (In-charge), Geology and Mining Department, Bharuch, which cancelled his quarry permit. The petitioner had applied for a quarry permit for 1 lakh MT of ordinary clay on 13.11.2025, and a permit was granted. However, on 31.12.2025 and 01.01.2026, a Mines Supervisor seized a Volvo excavator machine belonging to the petitioner. Subsequently, the Geologist cancelled the quarry permit ex-parte without issuing any show-cause notice or giving the petitioner an opportunity of hearing, and before the expiry of 45 days as required under Section 21 of the MMDR Act. The petitioner sought quashing of the cancellation order, a declaration that the Mines Supervisor lacked jurisdiction to seize under Rule 12(2)(a), release of the seized excavator, and a direction to decide the application for quarry permit. The respondents, represented by the Assistant Government Pleader, opposed the petition. The court held that the cancellation order was in gross violation of principles of natural justice as no notice or hearing was given before cancellation, and the 45-day notice period under Section 21 was not complied with. The court also held that the Mines Supervisor is not a 'Mining Officer' or 'Geologist' authorized under Rule 12(2)(a) to exercise seizure powers, and thus the seizure was without jurisdiction. The court quashed the cancellation order, directed release of the seized excavator, and directed the respondents to decide the petitioner's application for quarry permit within two weeks after hearing the petitioner.
Headnote
A) Natural Justice - Audi Alteram Partem - Cancellation of Quarry Permit - Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 - The petitioner's quarry permit was cancelled ex-parte without affording an opportunity of hearing and before expiry of 45 days notice period mandated under Section 21 of the MMDR Act - Held that the order dated 03.01.2026 is in gross violation of principles of natural justice and is quashed and set aside (Paras 7-9). B) Jurisdiction - Mines Supervisor - Seizure Powers - Rule 12(2)(a) of Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 - The Mines Supervisor is not a 'Mining Officer' or 'Geologist' authorized under Rule 12(2)(a) to exercise powers of seizure - Held that the seizure of Volvo excavator on 31.12.2025 and 01.01.2026 by the Mines Supervisor is without jurisdiction and the seized machine is directed to be released (Paras 10-12).
Issue of Consideration
Whether the ex-parte cancellation of quarry permit without giving 45 days notice as per Section 21 of the MMDR Act is valid; whether the Mines Supervisor has jurisdiction to seize under Rule 12(2)(a) of the Gujarat Mineral Rules, 2017
Final Decision
The court allowed the petition. The ex-parte order dated 03.01.2026 cancelling the quarry permit was quashed and set aside. The respondents were directed to release the seized Volvo excavator machine immediately. The respondents were further directed to decide the petitioner's application dated 13.11.2025 for grant of quarry permit within two weeks from the date of receipt of the order, after giving an opportunity of hearing to the petitioner.
Law Points
- Natural justice
- audi alteram partem
- jurisdiction of Mines Supervisor
- ex-parte order
- seizure without jurisdiction
- Section 21 of Mines and Minerals (Development and Regulation) Act
- 1957
- Rule 12(2)(a) of Gujarat Mineral (Prevention of Illegal Mining
- Transportation and Storage) Rules
- 2017
