SUNVIK STEELS PVT LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for setting aside the order dated 23rd July 2004 passed by a learned Single Judge of this Court in W.P.No.3557/2003. The second prayer is for quashing the communication dated 23rd/26th July 2007 issued by the State Government and the third prayer is for issuing a writ of mandamus, directing the State Government to consider the application made by the petitioner for grant of mining lease.

(2.) A mining lease (No.468) was granted on 13th December 1958 in favour of the third respondent's father in respect of an area of 90 acres in survey No.130 of village Honnebagi and survey No.28 in village Yerekatte. The lease was for a period of 20 years. The mining lease was in respect of Lime Stone, Dolomite, China clay and Fire clay, Iron Ore and Manganese. A mining lease (No.1700) was granted in the year 1978 in favour of the 3rd respondent's mother for a period of 5 years from 30th December 1978. After the said mining lease bearing No.M.L.1700 expired, an application for renewal was made which was rejected on 24th July 1984 on the ground that mining may lead to serious soil erosion and affect edaphic condition. A writ petition was filed by the 3rd respondent's mother being W.P.No.11818/1987 which was dismissed. A special leave petition was filed against the said order which was withdrawn by the 3rd respondent. Thereafter one more application was filed by the 3rd respondent for renewal of mining lease on 29th July 1999, which was rejected on 3rd January 2000. Even the said order of rejection was confirmed in writ petition No.22230 of 2000 filed by the 3rd respondent.

(3.) On 8th October 2002, the State Government notified the areas for re-grant in accordance with Rule 59 of the Mineral Concession Rules, 1960 (for short "the said Rules"). As per the said notification, the 3rd respondent's mother applied for re-grant of mining lease on 27th January, 2003. As the application was not considered, she filed W.P.No.3557/2003. The learned Single Judge of this Court, by an order dated 23rd July 2004, directed the respondents therein (first and second respondent in this writ petition) to consider the application dated 27th January 2003 for grant of mining lease as per Annexure-D, to consider the request of the third respondent's mother to treat the said application as the one for renewal of lease and to pass order thereon in accordance with law. In writ petition No.11122 of 2006, by the order dated 8th June 2008, this Court directed the State Government to comply with the order dated 23rd July, 2004 within four months. On 03rd of February 2007, the petitioner filed an application under the same notification dated 8th October 2002 for grant of mining lease in respect of the same area of 90 acres. By the order dated 11th of July 2007 passed in W.P.No.9707/2007, this Court directed the respondents to consider the application made by the petitioner for grant of mining lease along with other applications. By a communication dated 23rd/26th July 2007 which is a D.O. letter issued by the Under Secretary to the Government (Mines, SSI and Textiles) to the Commissioner for Mines and Geology and the Director of Mines and Geology, the Director of Mines and Geology was called upon to comply with order of this Court as stated in the letter dated 10th May 2007. The Director of Mines and Geology was called upon to make the compliance and report the compliance.