S.T. PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed the present petition impugning an endorsement dtd. 23/10/2017 passed by respondent No.4 [the Competent Authority], holding that the petitionerRs.s application for quarry lease was barred in terms of Rule 8-B(1) of the Karnataka Minor Mineral Concession Rules, 1994 [the KMMC Rules] as amended with effect from 12/8/2016. Additionally, the petitioner impugns an order dtd. 13/8/2020 passed by respondent No.3 [Revisional Authority], rejecting the petitionerRs.s revision petition filed under Rule 53 of the KMMC Rules. The petitioner prays that the Competent Authority be directed to execute a quarry lease pursuant to the notification dtd. 8/4/2011, sanctioning the grant of a quarry lease for mining building stones in respect of an area to the extent of 15 acres of revenue land falling in Survey No.192, E. Thimmasandra Village, Shidlaghatta Taluk, Chikkaballapura District, for a period of five years.

(2.) The respondent authorities propose to process the petitionerRs.s application for the grant of a quarry lease for 10 acres of land. In terms of Rule 15 of the KMMC Rules as currently in force, no person can acquire a lease or license exceeding 50 acres for the purpose of mineral-based industries and 10 acres in case of other purposes. Thus, they contend that a quarry lease for quarrying building stones cannot be executed for an area exceeding 10 acres. The petitioner claims that since the notification for the grant of lease was issued on 8/4/2011, the KMMC Rules as then in force are applicable. In terms of Rule 25(1) of the KMMC Rules as applicable at the material time, the maximum area for which a quarry lease for mining a non-specified minor mineral was 25 acres. The petitioner claims that, since a quarry lease for an area of 15 acres was granted, the petitioner is entitled to a lease covering 15 acres in conformity with the grant.

(3.) The petitioner has raised several issues in this petition. However, given that the respondent authorities are agreeable to process the execution of a quarry lease to the extent of 10 acres, the controversy is confined to the question of whether the petitioner is entitled to a quarry lease over an area exceeding 10 acres, notwithstanding that Rule 15 of the KMMC Rules as in force restricts the maximum area of a quarry lease in respect of a non-specified minor mineral to 10 acres.