PRESENT THE HON'BLE MR N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO
Case Details
- 1 - NC: 2025:KHC:2479-DB WP No. 31294 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 31294 OF 2024 (GM-MM_S) BETWEEN:
Legal Reasoning
1. MR. M. SHASHIDHAR S/O V. MUNIYAPPA AGED ABOUT 50 YEARS R/O. NOS.53, 54, 60 FEET ROAD OPPOSITE HOYSALA TIRUMALA APARTMENT BHOOPASANDRA BANGALORE NORTH BANGALORE-560 094. …PETITIONER Digitally signed by H K HEMA Location: High Court of Karnataka (BY SRI S.S. MAHENDRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY (MINES) DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, 1ST FLOOR BENGALURU-560 001. 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001. - 2 - NC: 2025:KHC:2479-DB WP No. 31294 of 2024 3. THE DEPUTY DIRECTOR/SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY CHIEF EXECUTIVE OFFICERS GUEST HOUSE AADHINARAYANA HOSAHALLI VILLAGE NAGADEVANAHALLI POST DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-562 163. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING RESPONDENT NO.3-THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 05.09.2024, ANNEXURE-A SEEKING "DEEMED EXTENSION" OF QUARRY LICENSE NO.2663 IN SURVEY NO.75 OF MEESAGANAHALLI VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, FOR A PERIOD OF 30 YEARS, AS PER RULE 8-A OF THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2023, ETC THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:2479-DB WP No. 31294 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) The case of the petitioner is that he was granted quarry lease for extraction of building stone over an extent of 2 acres 6 guntas of land in Survey No.75 of Meesaganahalli village, Devanahalli Taluk, Bengaluru Rural District with effect from 21.08.2002 for a period of ten years. That the petitioner filed a renewal application prior to the expiry of the said lease. That respondent No.3 passed a 'rejection order', rejecting the renewal application of the petitioner on the ground of non-submission of documents and non-payment of dues. The State Government amended the Karnataka Minor Mineral Concession Rules, 1994 with effect from 12.08.2016 wherein the requirement of successive renewal of quarry lease was eliminated by introducing the concept of deemed extension. On the ground that the case of the petitioner has to be treated as one wherein there is a deemed extension of quarry lease for a further period of twenty years from 2012, the petitioner made a representation to respondent No.3 to issue necessary quarry lease. Respondent No.3 has failed to act on the said request. Hence, the present writ petition is filed with the following prayers: - 4 - NC: 2025:KHC:2479-DB WP No. 31294 of 2024 "a. Issue a Writ of Mandamus or any other appropriate Writ directing Respondent No.3 - The Senior Geologist, Department of Mines and Geology, to consider the the Petitioner dated Representation submitted by 05.09.2024 Annexure-A, seeking "Deemed Extension" of Quarry License No.2663 in Survey No.75 of Meesaganahalli Village, Devanahalli Taluk, Bangalore Rural District, for a period of 30 years, as per Rule 8-A of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023. b. Pass such other Orders or Directions as this Hon'ble Court deems fit in the interest of justice and equity." 2. The petitioner places reliance on Rule 8-A of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023 and contends that he is entitled to the benefit as prayed for. Rule 8-A reads as under: "8-A. Periods for which quarrying lease, licence or composite licence may be granted.-(1) On and from the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, all the quarrying lease, licences and prospecting-cum-quarrying lease, unless or otherwise explicitly mentioned in these rules shall be granted for a period of fifty years for specified minor minerals and for a period of thirty years for the non- specified minor minerals, subject to establishment of mineral availability and workability of the quarry and further subject to provisions under Chapters Il and II-A of these rules: Provided that the period of lease may be extended equal to the period, if it exceeding one year for which the quarry remained closed (dies-non) due to Court order or any other order by the Government and dead rent shall not be chargeable for such period: - 5 - NC: 2025:KHC:2479-DB WP No. 31294 of 2024 Provided further that where quarry leases remained closed due to any fault on the part of the lessee lease period shall not be extended and dead rent shall be chargeable for such period. Third proviso omitted by Notification No.CI- MMN/205/2022 dated 17.03.2023. (1-a) Notwithstanding anything contained in sub-rule (1), if the State Government is of the opinion that in the interest of development of minor minerals it is necessary to do so, it may, for reasons to be recorded, authorise the extension of a lease or licence for a further period upto twenty years in case of specified minor minerals and ten years in case of non-specified minor minerals, Subject to establishment of mineral availability and workability of the quarry and further subject to provisions of rules in Chapters Il and II-A: Provided that, quarry lease under this rule shall be granted or extended or renewed on the condition that the lessee shall pay royalty and additional payment: Provided further that, when such royalty and additional payment is paid, then the payment by the lessee for the District Mineral Foundation Trust Fund shall be as payable by the holders of lease through auction. (2) All the quarrying 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 fifty years in respect of specified minor minerals and for a period of thirty years in respect of non-specified minor minerals from the date of its to establishment of mineral original grant, subject availability and workability of the quarry and also subject to the condition that all the terms and conditions of the lease or licenses have been complied by the lessee or licensee: Provided that, the mining leases of the minerals which are classified as minor minerals by the Central Government vide Notification No. S.O. 423(E), dated 10-2- 2015 shall be deemed to have been granted for fifty years, for an area already granted under such lease and be considered as quarrying lease or licence as the case may be, subject to establishment of mineral availability and workability of the quarry and also subject to the condition - 6 - NC: 2025:KHC:2479-DB WP No. 31294 of 2024 that all the terms and condition of the lease have been complied by the lessee or licence: Provided further that, the quarry lease or licence which are granted before 12-8-2016 and the period of such lease or licence expired before commencement of these rules shall be considered for extension of period under the provisions of this rule. Sub-Rules (3), (4) and (5) omitted by Notification No.CI-MMN/205/2022 dated 17.03.2023. (6) The period of Prospecting license shall not exceed one the State year extendable by one more year by Government in the interest of mineral development upon recording the reasons in writing. (7) Notwithstanding anything contained in this rule, the period of quarrying leases, including existing quarrying leases or mining leases, of Central or State Government companies or corporations or its undertakings shall be valid for a period of fifty years. In case of existing leases that have been granted to a Government company or corporation, the tenure of the same shall be deemed to be fifty years from its date of issuance: Provided that where, upon expiry of such period of [fifty years] the lessee Government Company or Corporation so requests the State Government, the period of Quarrying lease shall be extended by the state government for additional periods, each time not exceeding fifty years. (8) The provisions of this rule, notwithstanding anything contained therein, shall not apply to a quarrying lease or license or mining lease of minerals now classified as minor minerals vide notification of Government of India bearing No. S.O. 423(E), dated 10-2-2015 granted before the date the Karnataka Minor Mineral of commencement of Concession (Amendment) Rules, 2016, for which renewal has been rejected, or which has been determined, or lapsed." 3. The learned Additional Government Advocate for the respondents, upon instructions, submits that the representation of - 7 - NC: 2025:KHC:2479-DB WP No. 31294 of 2024 the petitioner shall be considered in accordance with law and appropriate orders will be passed. 4. Since the prayer is only to consider the representation of the petitioner, writ could be issued to the authority for that limited purpose and in limited context. It is therefore directed, without expressing any opinion on merits, that the petitioner's case as put forward by him by the representation dated 05.09.2024 requesting the authorities concerned to consider his case as deemed extension of quarry lease given to him earlier, shall be considered by the authority by examining the merits thereof in the light of Rule 8-A of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023 and appropriate decision shall be taken within a period of two months from the date of receipt of the order.
Decision
The writ petition stands disposed of in the aforesaid terms. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 36