GEM GRANITES CHENNAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These Writ Appeals arise out of common order in W.P. Nos. 24199 of 2001 etc., batch, whereby the learned single Judge struck down Rule 8-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 as amended by G.O.Ms. No. 86, Industries/MMC, dated 22.2.2001 is contrary to the Granite Conservation and Development Rules, 1999, as the State Government has not carried out the scheme of Granite Conservation and Development Rules and ultra vires Section 18 of Mines & Minerals (Development & Regulation) Act, 1957. Since all the Writ Appeals arise out of common order and the Writ Petitions also involve determination of same points, the Writ Petitions and all the Writ Appeals were heard together and disposed off by this common judgment.

(2.) For conservation and systematic development of and scientific mining to conserve the granite resources and to prescribe a uniform frame-work with regard to systematic and scientific exploitation of granite throughout the Country, Government of India introduced the Granite Conservation and Development Rules, 1999 (in short, "GCD Rules") and it came into effect from 1.6.1999. Introduction of prospecting licence and submission of approved mining plan, grant of lease for 20 years with provision of renewal, etc., are some of the features of the GCD Rules. The Government of Tamil Nadu in G.O.4(D) No. 3/Industries/MMB2/dated 29.10.1999 have constituted a committee to examine in detail the GCD Rules with the existing provisions of Tamil Nadu Minor Mineral Concession Rules, 1959 (in short, "TN MMC Rules) and to suggest necessary amendments to TN MMC Rules. The Committe was also requested to consider the new draft Tamilnadu Granite Conservation Rules, 1999 proposed by the Commissioner of Geology and Mining.

(3.) The Committee carefully considered the provisions contained in GCD Rules and also the then existing provisions of TN MMC Rules. Based on the recommendations of the Committee, the Government of Tamilnadu amended the provisions of TN MMC Rules vide G.O.Ms. No. 86/Industries/MMC/dated 22.2.2001 after duly considering the provisions of GCD Rules stipulating the procedure for obtaining mining lease for quarrying granite and retaining the tender-cum-auction system for grant of lease in respect of granite quarrying lease. By the amendment, "prospecting licence" is not envisaged for grant of licence in respect of Government lands. Rule 19-A of TN MMC Rules stipulates grant of prospecting licence and for quarrying granite in respect of patta lands. According to the Government, TN MMC Rules are in consonance with GCD Rules and as per the powers delegated to the State Government under Section 15 of the Mines & Minerals (Development & Regulation) Act, 1957 (in short, "MMDR Act").