PRESENT THE HON'BLE MR. N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE
Case Details
- 1 - NC: 2025:KHC:15963-DB WP No. 19004 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No.19004 OF 2024 (GM-MM_S) …PETITIONER BETWEEN: 1. MANJU, AGED ABOUT 38 YEARS, S/O LATE SUBBAIAH, LAKSHMIPURA GRAMA, BRAHMADEVARAHALLI POST, NAGAMANGALA TALUK, MANDYA.
Legal Reasoning
This Court in J.P. Umesh (supra) has held that Rule 15A of Rules 1994 deals with minimum area and has held as under, "5. Rule 15A of the 1994 Rules deals with the minimum area for quarrying lease or licence or composite licence to be granted. In its sub-rule (1), provision is made that no quarry lease or license shall be granted with the extent less than the minimum extent prescribed in Schedule II-A for the concerned mineral. In the present case it is 2 Acres. The Proviso to the said Rule 15A which reads as 5.1 under, "Provided that the State Government may, if it is satisfied on the basis of proposed production level, Geological or topographical conditions and for the reasons to be recorded in writing, grant a lease over an area less than minimum extent specified in Schedule II-A. However, the - 5 - NC: 2025:KHC:15963-DB WP No. 19004 of 2024 implementation of Environmental Management Plan in such cases shall be in cluster approach. that however The Proviso contemplates 5.2 the implementation of the said requirement shall be in cluster approach which would mean that if the cluster of land has the extent beyond 2 Acres of area, the application would be entertained of a person who has applied for less than 2 Acres in the said area." 8. In light of the judgment in J.P. Umesh (supra), the matter requires fresh consideration by the revisional authority subject to the following observations, (i) The authority shall reconsider the revision and pass fresh order after giving opportunity to both the sides to raise all the contentions, including the above contention. (ii) The contentions including the above contention shall be examined by the Revisional Authority in light of the facts on record and take appropriate decision strictly in accordance with law. 9. It is clarified that this Court has not expressed anything on the merits of the case of the petitioner. The observations and statements made in this order shall not influence the decision of the Revisional Authority. - 6 - NC: 2025:KHC:15963-DB WP No. 19004 of 2024 10. The exercise of deciding the revision shall be completed within two months from the date of receipt of the certified copy of the order by the Revisional Authority. 11. While passing the fresh order the Revisional authority shall be entitled to consider all the relevant grounds which may be germane to the decision in granting or refusing the request of the quarry lease.
Arguments
(BY SRI JAYANTH V., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES), VIKASA SOUDHA, BENGALURU - 560001. 2. JOINT DIRECTOR, DEPT. OF MINES AND GEOLOGY, SOUTH DIVISION, No.CA 4, 1ST D ROAD, 1ST BLOCK, RAMAKRISHNANAGAR, MYSURU - 570022. 3. SENIOR GEOLOGIST, DEPT OF MINES AND GEOLOGY, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15963-DB WP No. 19004 of 2024 MANDYA DISTRICT, KAIJA BHAVAN, VIDYANAGAR, 1ST CROSS, MANDYA - 571401. (BY SMT. NILOUFER AKBAR, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 27.09.2023 PASSED BY RESPONDENT No.2 DISMISSING HIS REVISION PETITION No.162/2017-19 (ANNEXURE- A) QUO HOLDING THAT THE MINIMUM AREA FOR QUARRYING LEASE IS TO BE 2 ACRES AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard learned advocate Mr. V. Jayanth for the petitioner and learned Additional Government Advocate Ms. Niloufer Akbar for the respondents. 2. The instant writ petition is preferred with a prayer to quash/set aside the order dated 27.09.2023 passed by respondent No.2 dismissing Revision Petition No.162/2017-18 and to direct respondent No.2 to consider the revision petition afresh. - 3 - NC: 2025:KHC:15963-DB WP No. 19004 of 2024 3. The petitioner filed an application for grant of quarry lease in respect of building stone in Sy.No.2, measuring 0.16 guntas, Devarahosuru Grama, Nagamangala Taluka, Mandya District. The application came to be rejected under an endorsement dated 21.11.2017 on the ground that the application has become ineligible under Rule 8(B)(1) of the Karnataka Minor Mineral Concession Rules, 1994 (for short 'Rules 1994'). 3.1 The petitioner being aggrieved preferred revision petition before respondent No.2. The revisional authority dismissed the revision petition on the ground that the minimum area for quarrying building stone is 2 acres as per the amendment to Rules 1994, Amended Rules 2023, whereas the applied area is 0.16 guntas. 4. Learned advocate for the petitioner submits that though the total area of the land in respect on which the quarry lease is applied is less than 2 acres, it falls within the cluster of land. It was submitted that when the land applied for quarry is part of a cluster, Rule 15A of Rules 1994, would come into operation. 4.1 In support of the above submission, learned advocate for the petitioner relies on the judgment of this Court in J.P. Umesh vs. State of Karnataka and others in Writ Petition No.19276 of 2024. - 4 - NC: 2025:KHC:15963-DB WP No. 19004 of 2024 5. Learned Additional Government Advocate Ms. Niloufer Akbar appearing for the respondents was unable to dispute the factum that the land for which quarry lease application filed is part of cluster land and Rule 15A of Rules 1994 would attract. Learned Additional Government Advocate fairly submits that the issue in this petition is covered by the order in Writ Petition No.19276 of 2024. 6. Having heard learned advocates for the parties and perused the papers, the issue that requires consideration is, applicability of Rule 15A of Rules 1994 to the application for quarry lease of building stone and correctness of the order of revisional authority. 7.
Decision
12. The petition is partly allowed and disposed of in the aforesaid terms. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 101