S.GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner was granted quarrying lease bearing No.KPL 322/2011-12 for building stone in an area of 2 acres in Survey No.4 of Hussainpura village, Koppal District, for a period of five years on 19th November 2011. The said lease was to expire on 18th November 2016. The petitioner had made an application for renewal of the said lease on 10th August 2016. On 12th August 2016, the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 (for short, 'the said Rules of 2016'), came to be notified and in terms of the amended Rule 8A of the said Rules of 2016, applications for renewal of quarry lease which were pending prior to the said Rules of 2016 coming into force, are deemed to be extended for a period of twenty years.

(2.) The State Government on 18th July 2017 notified the Karnataka Minor Mineral Concession (Amendment) Rules, 2017, which provided extension for a period of thirty years for mineral based industry quarry leases. Since the third respondent had failed to consider the renewal application filed by the petitioner even after the amended Rules of 2016 and 2017 had come into force, the petitioner had filed W.P.No.43559/2017 before this Court with a prayer to extend the quarry lease dated 19th November 2011 considering the renewal application dated 10th August 2016. This Court by its order dated 21st September 2017 allowed the writ petition holding that the petitioner is entitled for the extension of lease for a period of twenty years and directed the authorities to grant the formal document permitting the petitioner to continue with the quarrying operations in the leasehold land in terms of the amended Rules within a period of two months. This Court also observed that the authorities shall not interfere with the running of the quarrying operations by the petitioner.

(3.) Pursuant to the order passed by this Court in W.P.No.43559/2017, the petitioner requested the third respondent to comply with the said orders and also prayed for issuance of mineral dispatch permit. However, the concerned respondent failed to act on the prayer made by the petitioner and petitioner's application for issuance of mineral dispatch permit along with the demand draft submitted towards requisite fee was returned to the petitioner. The petitioner once again made a representation on 23rd April 2018 to the third respondent for issuance of mineral dispatch permit and also to comply with the orders passed by this Court in W.P.No.43559/2017. In turn, petitioner received a letter dated 28th April 2018 informing him that mineral dispatch permit will be issued only after the Forest Department issues a clearance. Aggrieved by the same, petitioner had filed W.P.No.27793/2018 before this Hon'ble Court with a prayer to direct the respondents to issue mineral dispatch permits without insisting for forest clearance. The said writ petition was allowed by this Court vide its order dated 11th January 2019 and the third respondent was directed to issue mineral dispatch permit for quarrying building stones within a period of two weeks from the date of the order.