KANNAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has called into question the 3rd respondent's order dated 20.08.2011 (Annexure-C) and the 2nd respondent's order dated 27.04.2013 (Annexure-D).

(2.) The facts of the case in brief are that the petitioner was holding the stone quarrying lease in respect of the land measuring 20 guntas in Sy. No. 100 of Bettahalasur Village, Jala Hobli, Bangalore North Taluk, for a period of five years commencing from 09.02.2007. On noticing certain violations of law and conditions of the lease, the 3rd respondent issued notice, dated 01.06.2011 (Annexure-B) to the petition as to why her quarrying lease should not be cancelled. Admittedly, the notice did not evoke any reply from the petitioner. The junior engineer held spot-inspection and found that the area in question falls within the forbidden radius of 200 meters from the public structures. Further, the spot-inspection, conducted by the technical officials, confirmed the use of explosives in carrying out quarrying operations. Therefore, the 3rd respondent cancelled the quarrying lease by its order, dated 20.08.2011 (Annexure-C). The said order was challenged by way of revision petition before the 2nd respondent. The 2nd respondent by its order, dated 27.04.2013 rejected the revision petition by confirming the order of the 3rd respondent.

(3.) Sri Sunil Rao, learned counsel for the petitioner submits that the impugned orders are arbitrary. He complains of the 3rd respondent not complying with the mandatory requirements contained in Rule 6(3) of the Karnataka Minor Mineral Concession Rules, 1994, as no opportunity whatsoever is given by the 3rd respondent to the petitioner to remedy the alleged breaches. He also complains of non-compliance with the mandatory requirement contained in Section 4A(3) of the Mines and Minerals (Development and Regulation) Act, 1957, which prescribes that no order making a premature termination of a prospecting licence or mining lease shall be, made except after giving the holder of the licence or lease a reasonable opportunity of being heard.