IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 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. 18244/2018 (GM-MM-S) BETWEEN:
SRI JEEVAN NORONHA S/O CYPRIAN NORONHA AGED 33 YEARS R/O J. COMPOUND OPP: CRYSTAL PLYWOOD URVA CHILIMBI MANGALORE - 575006 ... PETITIONER (BY SRI PADMANABHA KUMAR D, ADVOCATE) AND 1.THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560001 2.THE PRINCIPAL SECRETARY COMMERCE & INDUSTRIES DEPARTMENT VIKASA SOUDHA BENGALURU - 560001 3.THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY 1ST FLOOR, JUGUL TOWERS MALLIKATTA MANGALORE - 575002 ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PERIOD OF THE QUARRYING LEASE IS DEEMED TO BE EXTENDED BY OPERATION OF LAW IN VIEW OF THE INSERTED PROVISION OF RULE 8-A(2) AND (4) IN RESPECT OF THE QUARRYING LEASE BEARING NO.DKD- 109 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Petitioner had been granted quarry lease bearing No.DKD- 109 for extraction of building stone over an extent of 35 guntas in Sy.No.140/2P1 of Amtadi Village, Bantwal Taluk, Dakshina Kannada District, for a period of 5 years with effect from 13.06.2008. The lease expired on 12.06.2013. He made an application for renewal on 03.05.2013. He was granted deemed continuation of quarry lease only up to 15.12.2014. The renewal application came to be rejected on 04.06.2013. Against such rejection, petitioner filed a revision petition, which was allowed directing the Competent Authority to renew the lease on payment of fine. Subsequent to the order of the Revisional Authority, Karnataka Minor Mineral concession Rules, 1994 came to be amended on 12.08.2016 whereunder, as per Schedule II-A, minimum extent of land required for grant of quarry lease was restricted to one acre in respect of ordinary building stone as defined under Clause (g) of Rule 2(1) of the Rules. On 08.02.2018, respondent No.3 has issued a notice directing the petitioner to stop the quarrying activities.
2. Learned counsel for the petitioner submits that the petitioner is not seeking grant of fresh quarry lease, but is requesting for renewal/extension of lease granted way back in the year 2008. He further submits that non-consideration of petitioner’s application on the ground that the land for which renewal/extension is sought for is less than one acre is arbitrary and seeks appropriate direction to the respondents to consider the application for renewal/extension on the basis of the quarry lease granted on 13.06.2008.
3. Learned Additional Government Advocate appearing for the respondents has filed statement of objections. He submits that the impugned notice dated 08.02.2018 has been issued to the petitioner to stop the quarrying activities since the quarry lease granted earlier has not been extended. He further submits that in view of amendment to the Rules, minimum extent of land required for grant of quarry lease is restricted to one acre in respect of ordinary building stone and hence, the request of the petitioner cannot be granted.
4. Heard learned counsel for the parties and perused the material placed on record.
5. A perusal of the record discloses that quarry lease No.DKD-109, which was granted for a period of 5 years with effect from 13.06.2008 for extraction of building stone, expired on 12.06.2013. During the pendency of the application for renewal/extension of quarry lease, amendment was brought to the Rules. In view of the amendment, no quarry lease or licence shall be granted for less than minimum extent of one acre in respect of ordinary building stone. Petitioner was originally granted quarry lease for 35 guntas, which is less than one acre. However, petitioner’s application is for renewal/extension of quarry lease granted in the year 2008 i.e., for continuation of the earlier lease. Under the circumstances, though the petitioner has been rightly directed to stop the quarrying activities, but non-consideration of his application for renewal/extension of quarry lease in respect of 35 guntas is unsustainable in law.
6. In the circumstances, this writ petition is disposed of directing the respondents to consider the case of the petitioner for renewal/extension of lease on the basis of quarry lease No.DKD- 109 dated 13.06.2008 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
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ACTING CHIEF JUSTICE Sd/- JUDGE bkv