A SRINIVASAN Vs. DISTRICT COLLECTOR KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) THE issues raised for consideration in the writ appeals and writ petitions are common and hence they are taken up together for disposal by this common order.

(2.) THE points projected in the writ appeals and writ petitions are as to whether the appellants/writ petitioners to whom the leases were granted for quarrying stone in the respective virgin areas prior to the amendment of sub-rule (8) of Rule 8 of the Tamil Nadu Minor Mineral Concession Rules, 1959 vide G.O.Ms.No.391 Industries (MMC-I) Department dated 17th November, 2000 are entitled to quarry only for a period of five years or are entitled to quarry for a period of ten years in terms of the amended rule and whether the said amended rule is applicable only to fresh virgin quarries.

(3.) THE said Government Order was questioned in the writ petition on the ground that the amendment will apply to the existing lessees, as the amendment relates to only procedural aspects. THE said writ petition was resisted by the respondent, the District Collector, Kancheepuram solely on the ground that the area has already been subjected to quarrying operation and therefore the amendment will not apply to the lessee. On consideration of the rival contentions, the learned single Judge had negatived the submissions made by the lessee on the ground that the area cannot be considered to be a virgin area and the amendment, being substantive in nature, cannot be given retrospective effect. Similar contentions raised by the other lessees were also rejected by the order impugned in the writ appeals. THE same issue is put before this Court by the lessees/writ petitioners as well.