SHWAGANGAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition calls in question order dated 11th of january, 1991 issued by the government rejecting the petitioner's request for payment of compensation on account of the premature termination of the lease held by her and seeks a mandamus directing the respondent to assess and pay the loss caused to her on that account.

(2.) A quarrying lease in respect of 100 acres of river bed of the krishna river underlying sy. No. 285 at tangadagi village in muddebihal taluk of bijapur district was granted to the petitioner for a period of 10 years commencing 29th of january, 1979 in terms of a lease agreement dated llth may, 1979. The lease in question was governed by the Karnataka minor minerals concession rules, 1969 and entitled the petitioner to remove sand from the leased area during the contractual period.

(3.) THE petitioner's case in the present writ petition is that on account of the construction of what is called 'upper krishna project', the entire leased area covered by the agreement aforesaid was submerged thereby preventing her from removing the minerals from the same. The lease in her favour was because of this supervening event terminated even in the absence of any formal order of termination which according to the petitioner entitled her for payment of adequate compensation under the terms of the lease agreement. That there was a lease agreement between the parties is not denied nor is it disputed that the same stood terminated due to the submergence of the leased area. All the same petitioner's application seeking payment of compensation for the loss allegedly suffered by her was turned down by the government vide the order impugned on the ground that there was no provision either in the rules under which the lease was granted or the lease agreement for payment of compensation to the lessee. Aggrieved by it, the petitioner has come up with the present writ petition for a certiorari quashing the same and for a mandamus directing determination of payment of the damages suffered by her.