BHARTHIYA KISAN SANGAM Vs. DISTRICT COLLECTOR MADURAI DISTRICT

JUDGEMENT

(1.) THE present writ petition is filed as a public interest litigation by Bharathiya Kisan Sangam, Keelamathur Branch, Madurai District, challenging the lease granted to the 5th respondent by the 1st respondent, the District Collector, Madurai District, dated 20.03.2012, granting permission to quarry gravel in Survey No.20/2 at Keelamathur Village, Madurai South Taluk, in an extent of 0.54.0 Hectares, in accordance with the Tamil Nadu Minor Minerals Concession Rules, 1959, for a period upto 19.06.2012.

(2.) THE main ground on which the writ petition has been laid is that the 5th respondent, who has been granted quarrying lease, has been indiscriminately quarrying gravel in violation of the conditions. The conditions stipulate that quarrying shall not be beyond 1 (one) metre depth, apart from other conditions stipulated in the impugned order.

(3.) IN respect of the second violation, the Revenue Divisional Officer has stated that though lease was granted to an extent of 1.00.0 hectare, the 5th Respondent has quarried to an extent of 1.43.5 hectares, which is more the permitted extent. But, a reference to the impugned lease filed by the petitioner shows that the extent for which lease granted to the 5th respondent is relating to only 0.54.0 hectares, even though in the impugned order it is stated that there is recommendation by the Public Works Department that the 5th respondent can be granted quarrying lease to an extent of 1.00.0 hectare. A further reference to the impugned lease shows that the Executive Engineer, Public Works Department, has identified 90 mtrs. x 60 mtrs., in an extent of 0.54.0 hectares, for the purpose of granting licence for quarrying gravel, as per Rule 12(2) of the Tamil Nadu Minor Mineral Concession Rules.