IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 27th day of April, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR Writ Petition No.17611 of 2017 (GM-MM-S) BETWEEN:
SRI A R DASHARATH *S/O RAMEGOWDA AGED ABOUT 50 YEARS AREKERE VILLAGE AND POST TUMKURU TALUK TUMKURU DISTRICT – 572 102 ... PETITIONER (By Sri M Keshava Reddy, Advocate) AND:
1. THE GOVT OF KARNATAKA REP BY PRINCIPAL SECRETARY DEPT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU - 560001 2. THE DIRECTOR OF MINES AND GEOLOGY GOVT OF KARNATAKA KHANIJA BHAVAN RACECOURSE ROAD BENGALURU – 560001 * Corrected Vide Court Order dated July 05, 2017 3. THE COMPETENT AUTHORITY AND DEPUTY DIRECTOR DEPT OF MINES AND GEOLOGY NO 2652/2667, RAILWAY STATION ROAD GANDHI NAGAR TUMKURU 572 102 4. THE JOINT DIRECTOR DEPT OF MINES AND GEOLOGY SOUTH CIRCLE MYSURU 570008 … RESPONDENTS [By Sri V G Bhanuprakash, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO EXTEND THE VALIDITY OF THE QUARRYING LEASE/LICENSE ISSUED TO THE PETITIONER IN FORM NO.E DATED 2.5.2008 FOR A PERIOD OF 20 YEARS FROM THE DATE OF THE ORIGINAL GRANT FROM 2.5.2008 TO 1.5.2028 AT ANNEXURE-A, AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R Issue notice to the respondents.
Mr Venkataswamy Gangadhar Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice to them is dispensed with.
2. The writ petitioner was a lessee for extraction of ordinary building stone, which is a non-specified minor mineral.
3. There has been amendment to the Karnataka Minor Mineral Concession Rules by the Karnataka Minor Mineral Concession (Amendment) Rules 2016. By virtue of such amendment, it has been provided that all quarry leases or licenses granted before the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, shall be deemed to have been granted for a period of 30 (thirty) years in respect of specified minor minerals and for a period of 20 (twenty) years in respect of non-specified minor minerals.
4. The writ petitioner is extracting ordinary building stone, which is a non-specified minor mineral. Therefore, under the amended provision, he is entitled for the extension of lease for a period of 20 (twenty) years.
5. We, therefore, allow the writ petition and direct the authorities to grant a formal document permitting the writ petitioner to continue with the quarrying operations in the leasehold land in terms of the amended Rules, by two months.
6. The authorities shall not interfere with the running of the quarrying operations by the writ petitioner.
7. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE *pjk