ANDAVAR MINERALS AND INDUSTRIES Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) MR. E. Sampathkumar, learned Government Advocate takes notice on behalf of the respondent.

(2.) THE petitioner was granted mining lease for limestone over an extent of patta land admeasuring 1. 86. 0 hectares in Survey Nos. 312/1, 2, 3 and 4 of Nadanthai village, Paramathi-Velur Taluk, Namakkal District by the Government of Tamil Nadu in G. O. Ms. No. 610 Industries dated 26. 5. 1983 initially for a period of 3 years. THE lease deed was executed on 8. 8. 1983. THEreafter, the lease was periodically renewed and the lease period came to an end finally on 7. 8. 2005. THE grievance of the petitioner is that though a renewal application under Rule 24-A of the Mineral Concession Rules, 1960 was made on 16. 5. 2005, the same has not been disposed of by the State Government.

(3.) IN my opinion, Rule 24-A (6) of the Mineral Concession rules would apply only in a case where application for renewal is made in terms of Rule 24-A (1) of Mineral Concession Rules, prior to at least 12 months before the lease due to expire and not in a case where application is filed after the time limit prescribed in sub rule (1) of Rule 24-A of Mineral Concession Rules. Admittedly, the petitioner has made an application only on 16. 5. 2005 and the said application is not made prior to 12 months before the date on which the lease is due to expire as the lease expired on 7. 8. 2005. Hence, the petitioner is not entitled to the relief as prayed for in this writ petition by placing reliance of Rule 24-A (6) of Mineral Concession Rules. However, the State government is competent to consider the application if it is filed after the expiry of 12 months as contemplated under Rule 24-A (10) of Mineral Concession rules by condoning the delay. Having regard to the fact that the petitioner has been carrying on quarrying operation right from 26. 5. 1983 and the lease is renewed without any break, in my opinion, the application should be considered by the State Government or the competent authority for grant of renewal on its own merits.