IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 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.3998 OF 2018 (GM-MM-S) BETWEEN:
SRI. N.KESHAVA REDDY AGED ABOUT 45 YEARS S/O SRI.E.CHANDRAIAH #129, SYATHALAB RAICHUR – 584 101 (BY SRI CHANDRANATH ARIGA K., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT (MINES-2) DEPARTMENT OF COMMERCE AND INDUSTRIES DEPARTMENT VIKASA SOUDHA, DR.AMBEDKAR VEEDHI BENGALURU – 560 001 2. THE COMMISSIONER MINES & GEOLOGY DEPARTMENT KHANIJA BHAVANA RACE COURSE ROAD BENGALURU – 560 001 3. THE DEPUTY COMMISSIONER RAICHUR DISTRICT RAICHUR – 584 101 4. THE SENIOR GEOLOGIST DEPT. OF MINES & GEOLOGY RAICHUR – 584 101 RAICHUR DISTRICT ... PETITIONER 5. KARNATAKA STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY M.S.BUILDING (AMENDED VIDE COURT BENGALURU ORDER DATED 21.01.2019) REPRESENTED BY ITS MEMBER SECRETARY ... RESPONDENTS (SRI.V.G.BHANUPRAKASH AGA FOR RESPONDENT NOS.1 TO 4 SRI.D.NAGARAJ, ADVOCATE FOR RESPONDENT NO.5) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4 TO EXECUTE THE LEASE FOR A PERIOD OF 20 YEARS AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER This writ petition is filed seeking direction to the respondent No.4 – Senior Geologist, Department of Mines and Geology, Raichur District to execute the lease deed for a period of 20 years.
2. It is the case of the petitioner that his application for grant of quarry lease for quarrying building stone in land measuring 1 acre situated in survey No.274 of Vaddepalli village of Raichur Taluk and District was considered and the lease was executed in his favour. The petitioner made an application for renewal of the lease. The District Task Force Committee upon consideration of the application issued NOC and ordered for renewal of the lease. The respondent No.4 – Senior Geologist issued notification granting quarry lease.
3. Learned counsel for the petitioner submits that in view of the notification granting quarry lease, it is the duty of the competent authority to execute the lease deed but, the same has not yet been considered. It is further submitted that the petitioner is entitled for renewal of lease for a period of 20 years. Hence, seeks direction to execute the lease deed.
4. Learned Additional Government Advocate appearing for the respondent Nos.1 to 4 submits that the renewal application made by the petitioner is pending before the competent authority. It is submitted that the petitioner has been issued grant certificate and the lease deed has not been executed. He further submits that in view of the order passed by the National Green Tribunal, Principal Bench, New Delhi in O.A.No.186/2016 dated 13.09.2018, the respondent No.5 is the competent authority to consider the renewal application made by the petitioner.
5. Sri D.Nagaraj, learned counsel appearing for the respondent No.5 submits that if the renewal application made by the petitioner is in accordance with the provisions of the Karnataka Minor Mineral Concession Rules, 1994, the same would be considered and appropriate orders would be passed within a period of eight weeks.
6. In the facts and circumstances of the case, we dispose of this writ petition with a direction to the respondent No.5 to consider the renewal application made by the petitioner and to pass appropriate orders within a period of eight weeks from today.
7. The writ petition stands disposed of accordingly.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB