B S SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In the present case, the petitioner has questioned the constitutional validity of Rule 8-A of the Karnataka Minor Minerals Concession Rules, 1994 (hereinafter in short 'Rules'), which had been inserted by Karnataka Minor Minerals Concession (Amendment) Rules, 1995, with effect from 6-5-1995. The petitioner has been impelled to challenge the said rule because of the rejection of his application dated 14-12-1994 for grant of stone quarrying lease by the 3rd respondent-Sr. Geologist under his notification dated 23-8-1996 on the ground that the application was not maintainable because of the provisions contained in impugned rule.

(2.) Admittedly, on 14-12-1994 the petitioner had made an application to the 3rd respondent Sr. Geologist for grant of a quarrying lease over an extent of 1 acre 60 guntas in Sy. No. 50 of Kannur village, Bidarahally Hobli, Bangalore South Taluk. But the said application came to be rejected by the 3rd respondent under notification Ann. 'B', as stated above.

(3.) Impugned Rule 8-A of the Rules, reads us under:-Rule 8-A: Availability of land belonging to the State Government to be notified for grant: (1) No area belonging to the State Government(a) Which was previously held or is being held under a quarrying lease; or(b) the quarrying lease granted in respect of which has lapsed under Rule 6;(c) In respect of which a notification has been issued under sub-rule (3) of Rule 8;shall be available for grant unless the availability of the area for grant is notified in the official gazette and specifying the date (being the date not earlier than thirty days from the date of publication of such notification in the official gazette) from which such area shall be available for grant.Provided that nothing in this rule shall apply to renewal of a quarrying lease in favour of the original lessee or his legal heirs, notwithstanding the fact that the lease has already expired. Provided further that where an area is reserved for use by the State or Central Government company or any body or corporation owned or controlled by the State or Central Government, issue of such notification under this rule shall not be necessary before grant of quarrying lease in respect of such area.(2) The State Government may for reasons to be recorded in writing relax the provisions of sub-rule (1) in any special case.(3) Any application for grant of quarrying lease in respect of areas whose availability for grant is required to be notified under sub-rule (1) shall if(a) No notification has been issued under that Rule; or(b) Whether any such notification has been issued, the period specified in the notification has not expired.be deemed to be premature and shall not be entertained, and the application fee thereon, if any paid, shall be refunded. (Emphasis supplied)