IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 PRESENT:
THE HON’BLE Mr. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON'BLE Mr. JUSTICE P.S.DINESH KUMAR WRIT PETITION Nos.18153-18154 OF 2018 (GM-MM-S) BETWEEN:
S.RAMAKRISHNA SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVE, WIFE SMT.INDIRA AGED ABOUT 68 YEARS, R/O G-1, ORCHID ESTEEM GARDENS E-BLOCK, SAHAKARA NAGAR, BENGALURU - 560 092. ...PETITIONER (By Sri D.L.N.RAO, Sr.ADVOCATE FOR Sri ANIRUDH ANAND, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA BENGALURU - 560 001.
2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVANA RACE COURSE ROAD, BENGALURU-560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY 10TH CROSS, SIR M.V.LAYOUT OPP: APMC, M.G.ROAD, CHIKKABALLAPURA-562 101. ...RESPONDENTS (By Sri VIKRAM HUILGOL, HCGP) THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO Q.L.NO.5800 AND Q.L.NO.6207 FROM THE OFFICE OF THE R-1 AND 2; ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS TO EFFECT STATUTORY EXTENSION OF THE QUARRY LEASES NO.5800 AND 6227 OF THE PETITIONER FOR A PERIOD OF 30 YEARS FROM THE DATE OF THE ORIGINAL GRANT, OR UNTILL 31.03.2020 WHICHEVER IS LATER AS PER THE PROVISIONS OF RULE 8A[3] AND THE RECOMMENDATION OF THE R-2 DATED 08/12.12.2016 AND DATED 08/20.09.2016 AT ANNEXURES-B AND B1.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
* * * * O R D E R Petitioner was granted with a Quarrying Lease under the provisions of Karnataka Minor Mineral Concession Rules, 1969 in respect of Grey Granite in Sy.No.31 of Soorapannahalli Village, Chintamani Taluk, Kolar District from 23.03.1989 for a period of three years in respect of the following lands for the period mentioned against each of them:
2. The petitioner submitted applications for extension of lease in respect of all these three lands. The said applications were considered and the Director of Mines has submitted a proposal to the State Government for grant of Quarrying Lease.
3. The petitioner had approached this Court on earlier occasion and the Respondent – State was directed to consider petitioner’s case within two months there from, from the date of decision of this Court on 05.10.2016 in W.P.Nos.40203-40204 of 2016 (GM-MMS).
4. Sri.D.L.N.Rao, learned Senior Counsel appearing for the petitioner submitted that despite earlier directions issued by this Court and the express recommendations and the proposal having been submitted by the Director of Mines and Geology, the State Government have not complied with the earlier directions and renewed the term of lease which expires in the year 2020. In view of the short period, he prays that the State Government be directed to extend the lease expeditiously.
5. Sri.Vikram Huilgol, learned High Court Government Pleader opposing the petitions, contended that though the Director of Mines has submitted the proposal, there are certain violations as observed by the Senior Geologist, Mines and Geology. Petitioner has been informed of the violations. State Government shall consider petitioner’s case as soon as the observations made by the Senior Geologist are complied by the petitioner.
6. We have carefully considered the rival contentions and perused the records.
7. These matters have been considered earlier in the year 2016. Nearly three years have elapsed from the date of earlier decision of this Court. The Director of Mines has already submitted a proposal to the Government. He has recorded that in view of the short period, the proposal may be considered by the State Government. However, keeping in view the fact that the time is expiring by 31.03.2020, we direct that the State shall consider and pass appropriate orders for extension of lease subject to statutory clearances made available by the petitioner, within four weeks from the date of receipt of a copy of this order.
Petitions are disposed of accordingly. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE DH