A three-judge bench extended quarrying leases to the petitioner a deemed period of 30 years under Karnataka Minor Minerals Concession Rules, 1994, directing the department to execute supplementary deeds.
Deemed extension of quarrying leases for 30 years; direction to execute supplementary deeds within two months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2021
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.10068 OF 2021 (GM-MM-S) C/W
WRIT PETITION NO.10069 OF 2021 WRIT PETITION NO.10070 OF 2021
IN WRIT PETITION NO.10068/2021 BETWEEN
M/S BHARAT MINING AND ENGINEERING CO. REGD. FIRM BY ITS PARTNER JYOTHIN C. GANDHI REP. BY HIS REGD. POWER OF ATTORNEY HOLDER SHRI. NISAR AHAMED A. LOHAR S/O ABDUL GAFUR LOHAR AGED 52 YEARS R/AT HASTINAPUR LAYOUT KESHWAPUR, HUBBALLI - 580 023
...PETITIONER
(BY SRI. S.R. ANURADHA, ADVOCATE-VC)
AND:
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… RESPONDENTS
(BY SRI.S.S. MAHENDRA, AGA-PH )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PERIOD OF QUARRY LICENSE NO.436 GRANTED TO THE PETITIONER IS DEEMED TO HAVE BEEN GRANTED FOR A PERIOD OF 30 YEARS FROM 16.5.2021 TO 16.05.2031 AND ETC.
IN WRIT PETITION NO.10069/2021 BETWEEN:
M/S BHARAT MINING AND ENGINEERING CO. REGD. FIRM BY ITS PARTNER JYOTHIN C. GANDHI REP. BY HIS REGD. POWER OF ATTORNEY HOLDER SHRI. NISAR AHAMED A. LOHAR S/O ABDUL GAFUR LOHAR AGED 51 YEARS R/AT HASTINAPUR LAYOUT KESHWAPUR, HUBBALLI - 580 023
...PETITIONER
(BY SRI. S.R. ANURADHA, ADVOCATE-VC)
AND:
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RACE COURSE ROAD BENGALURU - 560 001 3 . SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY DISTRICT ADMINISTRATIVE COMPLEX HOSPETE ROAD KOPPAL - 583 231
… RESPONDENTS
(BY SRI.S.S. MAHENDRA, AGA-PH )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PERIOD OF QUARRY LICENSE NO.948 GRANTED TO THE PETITIONER TO HAVE BEEN GRANTED FOR A PERIOD OF 30 YEARS FROM 19.01.2015 TO 18.01.2045 AND ETC.
IN WRIT PETITION NO.10070 OF 2021 BETWEEN:
M/S BHARAT MINING AND ENGINEERING CO. REGD. FIRM BY ITS PARTNER JYOTHIN C. GANDHI REP. BY HIS REGD. POWER OF ATTORNEY HOLDER SHRI. NISAR AHAMED A. LOHAR S/O ABDUL GAFUR LOHAR AGED 51 YEARS R/AT HASTINAPUR LAYOUT KESHWAPUR, HUBBALLI - 580 023
...PETITIONER
(BY SRI. S.R. ANURADHA, ADVOCATE-VC)
AND:
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… RESPONDENTS
(BY SRI.S.S. MAHENDRA, AGA-PH )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PERIOD OF QUARRY LICENSE NO.536 GRANTED TO THE PETITIONER IS DEEMED TO HAVE BEEN GRANTED FOR A PERIOD OF 30 YEARS FROM 06.8.2002 TO 5.8.2031 AND ETC.
*********
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
1. Heard the learned counsel appearing for the petitioner and
the learned Additional Government Advocate for respondents.
the petitioner under the provisions of the Karnataka Minor Minerals Concession Rules, 1994 (for short, 'the said Rules of 1994') with effect from 16th May 2001 for a period of 20 years. In
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W.P.No.10069/2021, a quarrying lease was granted to the petitioner under the said Rules of 1994 for a period of 10 years with effect from 19th January 2015 and in W.P.No.10070/2021, quarrying lease was granted to the petitioner on 24th May 2002 for a period of 20 years with effect from 6th August 2002.
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Therefore, this is a case which is governed by the judgment and order dated 6th April 2021 in W.P.No.3929/2021.
are in respect of granite, which is a specified mineral.
ORDER
i) In WP No.10068/2021, the quarrying lease bearing No.436 granted to the petitioner shall be deemed to have been granted for a period of 30 years from 16th May 2001;
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iv) Accordingly, we direct the respondents to execute the
supplementary deeds of lease in favour of the petitioners within a period of two months from today.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
Prs*
3 issues framed by the court
Whether quarrying leases granted to the petitioner prior to Rule 8A of the Karnataka Minor Minerals Concession Rules, 1994 are entitled to a deemed extension for a period of 30 years under the said Su
Whether the validity of the quarrying leases at the time Rule 8A was introduced affects the entitlement to the deemed extension.
Whether respondents are directed to execute supplementary deeds of lease to reflect the extended period of 30 years.
Colour shows how this judgement treated each authority
W.P.No.3929/2021Relied on¶59
2 provisions across 2 enactments
M/s Bharat Mining and Engineering Co. Regd. Firm
The State of Karnataka
The Director, Department of Mines and Geology
Senior Geologist
Abhay S. Oka
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
