AANE MINES AND MINERALS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned senior counsel appearing for the petitioner and learned Additional Government Advocate appearing for the respondents. By consent, the matter is taken up for final disposal.

(2.) An application was made by the petitioner on 1st August 2006 for grant of mining lease of iron ore and manganese. The application was made under Rule 22(1) of the Mineral Concession Rules, 1960 (for short "the said Rules of 1960"). The petitioner after submitting the mining plan, obtained clearance from the Karnataka State Pollution Control Board. By the order dated 19th June 2010, the State of Karnataka sanctioned mining lease over an area of 10.24 acres in Sy.No.12/P2, 19/15, 14/1B1 of Dindadahalli Village. The Act No.10 of 2015 was made by the Central Government for amending the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (for short "the said Act of 1957"). The amendments effected by the Act No.10 of 2015 came into force on 12th January 2015. On 6th January 2017, an order was made by the State Government once again granting mining lease to the petitioner over an area of 2.47 hectares (approximately 6.2 acres). This order was passed after considering the application as per the amended provisions of the said Act of 1957 by applying the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 (for short "the said Rules of 2016").

(3.) The challenge in this writ petition under Article 226 of the Constitution of India is to the said order dated 6th January 2017 passed by the State Government. There is a prayer made for issuing a writ of mandamus directing the State Government to execute the lease in favour of the petitioner in terms of the earlier order.