S. LALITHA Vs. DISTRICT COLLECTOR, CHENGALPET DISTRICT

JUDGEMENT

(1.) The case on hand revolves upon the interpretation of Rule 36(1-A)(c) of the Tamil Nadu Minor Mineral Concession Rules, 1959 which reads as follows:

(2.) The case of Lalitha is that there were various house sites sold and purchased from the year 2009 onwards till date which formed part of KURINJI GARDENS layout which are inhabited sites within the meaning of explanation to Rule 36(1-A)(c) of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter referred to as "TNMMCR").

(3.) According to Lalitha, the order passed by the District Collector on 15.06.2020 awarding quarry lease to Kandasamy and the lease deed executed on the same date in favour of Kandasamy by the District Collector has to be declared as null and void since there were house sites within the 300 meters radius from the quarry site even before the date of the grant of the quarry lease.