IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.355 OF 2018 (GM MM-S) C/W WRIT PETITIONS NO.353/2018, 356 OF 2018 IN WRIT PETITION No.355 OF 2018 BETWEEN:
G.N.LAKSHMINARAYANA S/O. CHIKKANARASIMHA REDDY, AGED ABOUT 45 YEARS, R/AT GUNDLU MANDIKALLU VILLAGE & POST, CHIKKABALLAPURA TALUK & DISTRICT ...PETITIONER (BY SRI.R G KOLLE, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001 2. THE PRINCIPAL SECRETARY TO GOVT., DEPT. OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU – 560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY KOLAR – 563 102 5. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY CHIKKABALLAPUR – 562 101 6. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE CHIKKABALLAPUR – 562 101 7. THE DEPUTY CONSERVATOR OF FOREST CHIKKABALLAPUR FOREST DIVISION CHIKKABALLAPUR – 562 101 ... RESPONDENTS (BY SRI. BHANUPRAKASH. V.G., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 & 5 SENIOR GEOLOGIST AND COMPETENT AUTHORITY AS THE CASE MAY BE, TO GRANT & EXECUTE QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONE, WHICH IS A NON-SPECIFIED MINOR MINERAL, OVER AN AREA OF 02.20 ACRES, IN GOVT. LAND BEARING SY.NO.404 OF YALAGALAHALLI VILLAGE, IN CHIKKABALLAPURA TALUKA & DISTRICT (ERSTWHILE KOLAR DISTRICT), BASED ON THE RECEIPT OF REVENUE NOC DTD.05.04.2006, FOREST NOC DTD.04.05.2006 AND FOR DEEMING TO HAVE RECEIVED TECHNICAL REPORT IN TERMS OF KMMC RULES 8 (5) & (6), EFFECTIVE FROM 12.08.2016 & 18.11.2017 FOR A PERIOD OF 20 YEARS, PURSUANT TO QUARRY LEASE APPLICATION DTD.31.12.2005 FILED BY THE PETITIONER VIDE ANNX- A; AND ETC.
IN WRIT PETITION No.353 OF 2018 BETWEEN:
G N CHINNAPPA REDDY S/O. CHIKKANARASIMHA REDDY AGED ABOUT 56 YEARS, RESIDING AT GUNDLU MANDIKALLU VILLAGE & POST, CHIKKABALLAPURA TALUKA-562 104 CHIKKABALLAPURA DISTRICT ... PETITIONER (BY SRI.R.G.KOLLE, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001 2. THE PRINCIPAL SECRETARY TO GOVT., DEPT. OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU – 560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY KOLAR – 563 102 5. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY CHIKKABALLAPUR – 562 101 6. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE CHIKKABALLAPUR – 562 101 7. THE DEPUTY CONSERVATOR OF FOREST CHIKKABALLAPUR FOREST DIVISION CHIKKABALLAPUR – 562 101 ... RESPONDENTS (BY SRI. BHANUPRAKASH. V.G., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 & 5 SENIOR GEOLOGIST AND COMPETENT AUTHORITY AS THE CASE MAY BE, TO GRANT & EXECUTE QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONE, WHICH IS A NON-SPECIFIED MINOR MINERAL, OVER AN AREA OF 02.20 ACRES, IN GOVT. LAND BEARING SY.NO.404 OF YALAGALAHALLI VILLAGE IN CHIKKABALLAPURA TALUK & DISTRICT (ERSTWHILE KOLAR DISTRICT), BASED ON THE RECEIPT OF REVENUE NOC DTD 05.04.2006, FOREST NOC DTD 04.05.2006 AND FOR DEEMING TO HAVE RECEIVED TECHNICAL REPORT IN TERMS OF KMMC RULES 8 (5) & (6), EFFECTIVE FROM 12.08.2016 & 18.11.2017 FOR A PERIOD OF 20 YEARS, PURSUANT TO QUARRY LEASE APPLICATION DTD 28.12.2005 FILED BY THIS PETITIONER VIDE ANNX-A.
IN WRIT PETITION No.356 OF 2018 BETWEEN:
G.N.ANAND S/O CHIKKANARASHIMHA REDDY, AGED ABOUT 38 YEARS, RESIDING AT GUNDLU MANDIKALLU VILLAGE & POST, CHIKKABALLAPURA TALUKA – 562 104 CHIKKABALLAPURA DISTRICT ... PETITIONER (BY SRI.R.G.KOLLE, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001 2. THE PRINCIPAL SECRETARY TO GOVT., DEPT. OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU – 560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY KOLAR – 563 102 5. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY CHIKKABALLAPUR – 562 101 6. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE CHIKKABALLAPUR – 562 101 7. THE DEPUTY CONSERVATOR OF FOREST CHIKKABALLAPUR FOREST DIVISION CHIKKABALLAPUR – 562 101 ... RESPONDENTS (BY SRI. BHANUPRAKASH. V.G., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 & 5 SENIOR GEOLOGIST AND COMPETENT AUTHORITY AS THE CASE MAY BE, TO GRANT & EXECUTE QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONE, WHICH IS A NON-SPECIFIED MINOR MINERAL, OVER AN AREA OF 02.00 ACRES, IN GOVT. LAND BEARING SY.NO.404 OF YALAGALAHALLI VILLAGE IN CHIKKABALLAPURA TALUK & DISTRICT (ERSTWHILE KOLAR DISTRICT), BASED ON THE RECEIPT OF REVENUE NOC DTD. 05.04.2006, FOREST NOC DTD. 04.05.2006 AND FOR DEEMING TO HAVE RECEIVED TECHNICAL REPORT IN TERMS OF KMMC RULES 8 (5) & (6), EFFECTIVE FROM 12.08.2016 & 18.11.2017 FOR A PERIOD OF 20 YEARS, PURSUANT TO QUARRY LEASE APPLICATION DTD. 01.02.2006 FILED BY THIS PETITIONER VIDE ANNX-A AND ETC.,.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
O R D E R The petitioner submits that he had made an application in Form-AQL on 31st December, 2005 along with necessary fees, security deposit, etc. seeking to extract ordinary building stone which is a minor mineral covered under the provisions of Karnataka Minor Minerals Concession Rules, 1994 (for short hereinafter referred to as ‘the KMMC Rules’). The application filed for quarrying lease was numbered as 839/2005-06. The petitioner has satisfied the requirement for the purpose of consideration of his application for grant of quarrying lease. Upon making such application, as required under the provisions of KMMC Rules, the Assistant Commissioner, Chikkaballapur by addressing a letter dated 05th April, 2006 to the Deputy Commissioner has given No Objection Certificate. On similar lines, the Forest Department also gave No Objection Certificate. When such being the case, it is for the respondent, Director, Mines and Geology, to grant quarrying lease based on the application. Despite the fact that the petitioner had made several representations for consideration of his application, the same has resulted in vain. The learned counsel also referred to the judgment of this Court in the case of SRI VENKATESHWARA HILL CRUSHERS v. THE STATE OF KARNATAKA in Writ Petition No.15882 of 2007 disposed of on 15th February, 2008 wherein this Court directed the respondents to consider and dispose of all the applications for grant or renewal of lease in gomal lands. For the said purpose, this Court has referred the judgment of Full Court in the case of D.C. RAMESH AND OTHERS v. STATE AND OTHERS made in Writ Petition No.25037 of 1999 (GM-MM/S-PIL) disposed of on 11th August, 2003. In the light of the above judgment, the learned counsel submits that application filed for quarrying lease in gomal lands should have been considered and non-consideration of the same has resulted in violation of provisions of law and also Article 14 of the Constitution of India. The learned counsel also referred to the judgment in the case of STATE OF RAJASTHAN AND ANOTHER v. BAL KISHAN MATHUR AND OTHERS reported in (2014)1 SCC 592 and referred to paragraph 8 of the judgment wherein it is observed that “in a situation where there has been no gross negligence or deliberate inaction or lack of bona fides, this Court has always taken a broad and liberal view so as to advance substantial justice instead of terminating a proceeding on a technical ground like limitation. Unless the explanation furnished for the delay is wholly unacceptable or if no explanation whatsoever is offered or if the delay is inordinate and third-party rights had become embedded during the interregnum, the courts should lean in favour of condonation.”
2. The learned counsel for the respondent submits to dismiss the petition. He submits that the application filed by the petitioner is with reference to Yalagalahalli of Chikkaballapur District and the same was numbered as 839/2005-2006 dated 31st December 2005 and was rejected on 16th October 2017 and the same has been communicated to the petitioner. It is further stated that after his application was rejected and pursuant to bifurcation of Kolar district, the papers of the petitioner have been forwarded to Chikkaballapur District and the authorities were not in a position to lay their hands on the application. The endorsement dated 16th October, 2017 is produced by the petitioner only which itself shows that the petitioner’s application has already been rejected.
3. Heard the learned counsel for the parties and gone through the papers. The application has been filed as required under the provisions of Karnataka Mines and Minerals Rules, and has been numbered as 839/2005-06 dated 31st December, 2005. The same came to be rejected by its endorsement dated 16th October, 2017 as per Annexure-G. Notwithstanding the issuance of endorsement, reasonableness expects that when an application has been filed by the petitioner in the year 2005, for all practical purposes, he should have been diligent by taking care and caution in respect of his application. It is not open for the petitioner to challenge the same after a gap of fifteen years. Though there is no limitation provided under the Minor Minerals Concession Rules, but reasonableness has to be acted upon. In the instant case, even assuming that the application has not been considered or rejected and communicated to the applicant, the person who approaches the Court has to discharge his burden by showing as to what reasonable steps has been taken in pursuing the matter. In the instant case, we hold that the application has been filed seeking grant of quarrying lease, and considering the same, No Objection Certificate having been given by the competent authorities, for all practical purposes it should have been considered and disposed of expeditiously and as per Rule 28 of the KMMC Rules, it shall be the duty on the part of the respondent to issue endorsement either to grant quarrying lease or to reject it. In case of non- consideration or non-issuance of any such endorsement within a reasonable time, it is for the aggrieved person to approach the concerned authorities or the court within a reasonable time. In the instant case, the petitioner has not exercised his diligence within a reasonable time. The Hon’ble Supreme Court in the case of STATE OF MAHARASHTRA v. DIGAMBAR reported in 1995 AIR 1991, has held that relief under Article 226 of the Constitution of India cannot be pursued with inordinate delay.
In that view of the matter, we are not inclined to grant any relief. Petitions accordingly stands dismissed.
Sd/-
ACTING CHIEF JUSTICE lnn Sd/- JUDGE