IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 28th day of June, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR Writ Petition No 25429 of 2017 (GM-MM-S) BETWEEN:
SRI K. CHANNABASAVAIAH S/O KARIBASAVAIAH AGED ABOUT 70 YEARS 13TH CROSS, SRINAGARA DEVARAYA PATNA POST TUMKURU – 572 104 ... PETITIONER [By Sri M.Keshava Reddy, Advocate] AND:
1. GOVT OF KARNATAKA REP BY PRINCIPAL SECRETARY DEPT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU - 560 001 2. THE DIRECTOR OF MINES & GEOLOGY GOVT OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 3. THE COMPETENT AUTHORITY & DEPUTY DIRECTOR DEPT OF MINES & GEOLOGY TUMKURU DISTRICT TUMKURU - 572 102 … RESPONDENTS [By Sri V G Bhanuprakash, AGA, for R-1] THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-3 TO EXTEND THE VALIDITY OF THE QUARRYING LEASE/LICENSE ISSUED TO THE PETITIONER IN FORM-E BEARING NO. QLA NO.758 DATED 12.11.2010 FOR A PERIOD OF TWENTY YEARS FROM 12.11.2010 TO 11.11.2030, AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE 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 the respondents.
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. The authorities shall not interfere with the running of the quarrying operations by the writ petitioner.
6. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE *pjk