IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR. H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.52915/2017 (GM-MM-S) BETWEEN:
M/S ALFA MINERALS (REGD. PARTNERSHIP FIRM) REPRESENTED BY ITS MANAGING PARTNER SRI R. PRAVEEN CHANDRA NO.59, 12TH MAIN, BANASHANKARI 1ST STAGE 1ST BLOCK, SRINAGAR BANGALORE – 560 050 ...PETITIONER (BY SRI K.N.PHANINDRA, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY (MINES) DEPARTMENT OF COMMERCE AND INDUSTRIES GOVERNMENT OF KARNATAKA VIKASA SOUDHA, 1ST FLOOR DR. AMBEDKAR ROAD BANGALORE – 560 001 2. THE DIRECTOR OF MINES & GEOLOGY DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, 5TH FLOOR RACE COURSE ROAD BANGALORE – 560 001 …RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE MINING LEASE BEARING M.L.NO.2453 VIDE ANNEXURE-A RENEWED/TRANSFERRED IN FAVOUR OF THE PETITIONER OVER AN EXTENT OF 23.47 HECTARES OF LAND IN SY.NO.8, 50 AND 51 OF MAHADEVAPURA AND GILIKENAHALLI VILLAGES IN HOLALKERE TALUK, CHITRADURGA DISTRICT, IS DEEMED TO BE VALID UPTO 31.03.2020 IN ACCORDANCE WITH SECTION 8A(6) OF THE M.M.D.R.ACT, 1957 AS AMENDED UNDER THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2015 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. By consent of learned Counsel appearing for the petitioner and learned Additional Government Advocate appearing for the respondents, the petition is heard finally on merits.
2. Learned Counsel for the petitioner submits that in view of sub-section(6) of Section 8A of the Mines & Minerals (Development and Regulation) Act, 1957, the mining lease bearing No.2453 at Annexure-A shall be deemed to have been extended upto the period ending on 31.03.2020.
3. Learned Additional Government Advocate appearing for the respondents fairly submits that the aforesaid provision of law applies to the aforesaid registered mining lease bearing No.2453 (Annexure-A), and therefore, the said lease shall be deemed to have been extended for the period provided therein i.e. upto 31.03.2020.
4. However, the learned Additional Government Advocate states that an investigation relating to an alleged illegal mining by the petitioner is pending.
5. In view of the submission made by the learned Additional Government Advocate that the mining lease shall be deemed to have been extended upto 31.03.2020, the respondents shall take appropriate further action in this behalf. The writ petition is accordingly disposed of.
6. We clarify that, notwithstanding the deemed extension of lease as aforesaid, it is always open to the respondents to take action in the matter i.e. in respect of the aforesaid lease in accordance with law, if the lessee has indulged in illegal mining.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE KSR