STATE OF TAMIL NADU REP Vs. P KRISHNAMOORTHY

JUDGEMENT

(1.) These writ appeals and writ petitions arise out of Mines and Minerals (Development and Regulation) Act, 1957 and the Tamil Nadu Minor Mineral Concession Rules, 1959 framed thereunder. The matter relates to sand quarry leases. Sand quarry leases were being granted on the terms and conditions stipulated by the Government. The said terms and conditions are stipulated pursuant to the Tamil Nadu Minor Mineral Concession Rules, 1959, which have been framed in exercise of the rule-making power contained in Section 15 of the Mines and Mineral (Development and Regulation) Act, 1957, which is hereinafter referred to as the Act and the above rules as Rules. The leases are granted with 3 years tenure, subject to the deposit of such amount towards royalty, dead rent, etc. The leases to quarry sand are granted both in respect of Government lands and patta lands. Lease for quarrying in Government lands is governed by Rule-8 of the Rules, while for that of the patta lands, Rules 17 and 18, thereof, govern it. While in Rule 17 quarrying is permitted free of charge by the owner on a small scale for his own use for a specific bona fide domestic or agricultural purpose, but if it is for business purposes Rule 18 is applicable, and then seigniorage fee or dead rent, etc., are payable. Procedure for leases under Rule 18 is prescribed in Rule 19 of the Rules.

(2.) There are 135 sand quarries in Government lands and 52 in patta lands. Leases, which have been granted earlier, expire in the years 2003, 2004, 2005 and 2006. Such numbers are 19, 102, 33 and 33 respectively. May be in some cases sand quarry is being done under the orders of the Court when the leases were either not granted or due to delay by the government in disposal of applications. Still there are number of applications pending seeking for lease, but that is a question apart as we are required to decide only the rights of the existing lessees or the persons quarrying under court orders.

(3.) This litigation arose because of the issuance of G.O. Ms. No. 95, Industries (MMC.I) Department, dated 01.10.2003 inserting Rule 38A to the Rules, making it enforceable from the next day i.e., 02.10.2003. The same reads as follows: