IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.2120/2018 (GM-MM-S) BETWEEN:
SARASWATAMMA W/O T.P. LAKSHMINARAYANAPPA AGED ABOUT 47 YEARS RESIDING AT TEELAKUNTAHALLI VILLAGE VARLAKUNDA POST, SOMENAHALLI HOBLI GUDIBANDE TALUK-561 209 CHIKKABALLAPURA DISTRICT ... PETITIONER (BY SHRI. R.G.KOLLE, ADVOCATE) 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 SHRI. V.G. BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-4 & R-5 SENIOR GEOLOGIST & 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 TALUKA & DISTRICT (ERSTWHILE KOLAR DISTRICT), BASED ON THE RECEIPT OF REVENUE NOC DATED 05.04.2006, AND FOR DEEMING TO HAVE RECEIVED FOREST NOC AND TECHNICAL REPORT IN TERMS OF KMMC RULES 8(5) & (6), EFFECTIVE FROM 12.08.2016 AND 18.11.2017 FOR A PERIOD OF 20 YEARS, PURSUANT TO QUARRY LEASE APPLICATION DATED 13.01.2006 FILED BY THIS PETITIONER PRODUCED AT ANNEXURE-A AND ETC.
THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 13.03.2019, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, P.S.DINESH KUMAR J, PRONOUNCED THE FOLLOWING:-
ORDER Petitioner, in this writ petition has prayed for a writ of mandamus to direct fourth and fifth respondents to grant and execute a quarrying lease to extract ordinary building stone over an area of 2 acres in government land bearing survey No.404, Yalagalahalli Village, Chikkaballapura Taluk and District by considering her application dated 13.01.2006.
2. Shri R.G.Kolle, learned advocate for the petitioner submitted that petitioner had filed an application for grant of quarrying lease. The respondents were duty bound to dispose of the application within 90 days as per Rule 22 of the Karnataka Minor Mineral Concession Rules, 1994 (‘KMMC Rules’ for short) as they existed prior to 12.08.2016.
3. He argued that it is the statutory duty of fourth and fifth respondents to obtain Revenue NOC, Forest NOC and technical report as per Rule 8(5) & (6) of the KMMC Rules. By a communication dated 14.05.2007, the Deputy Commissioner conveyed that the land in question could not be granted as it is a gomal land. He further argued that petitioner’s right to get quarrying lease was crystallized long prior to the coming into force of the amendment to the KMMC Rules. The respondents have not intimated any decision till the date of filing of the writ petition. The inaction on the part of the respondents is illegal. Accordingly, he prayed for allowing this writ petition.
4. Shri V.G.Bhanu Prakash, learned AGA for the respondent-State submitted that petitioner’s application is dated 13.01.2006. Thirteen years have elapsed from the date of the application. Petitioner submitted a request on 26.09.2017 seeking information with regard to her application. By endorsement dated 16.10.2017, the Senior Geologist has informed that petitioner’s application had already stood rejected as per the information available in the register. A copy of the said endorsement was also forwarded to the petitioner. He further submitted that petitioner’s case is liable to be rejected on the ground of inordinate delay in approaching this Court. Accordingly, he prayed for dismissal of this writ petition.
5. We have carefully considered the rival contentions and perused the records.
6. It is not in dispute that petitioner’s application is dated 13.01.2006. Shri V.G.Bhanu Prakash is right in his submission that 13 years have elapsed from the date of the application. No explanation is forthcoming for the delay in approaching this Court. Admittedly, KMMC Rules have been amended with effect from 12.08.2016 and quarry leases can be granted only through auction.
7. In the circumstances, we find no merit in this petition and it is accordingly dismissed. No costs.
Sd/- JUDGE Sd/- JUDGE Yn.