Dismissed

G. K. Rathna v. the State of Karnataka

Karnataka HC24 Sept 2024WP/7325/2024

Case brief

AI extract

What is this about?

Two writ petitions challenged endorsements rejecting extension of building stone quarry leases that expired in 2011 after delayed renewal applications were rejected and revisions dismissed in 2017. The Court held no renewal application was filed within the prescribed time, the second Proviso to Rule 8-A(2) did not aid expired leases with no pending timely application, and dismissed the petitions f

What the court decided

AI extract

G. K. Rathna Vs the State of Karnataka — Mining and Natural Resources | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS 24^TH THE DAY OF SEPTEMBER, 2024

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PRESENT

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THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No.7325 of 2024 (GM-MMS)

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C/W

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WRIT PETITION No.7029 of 2024 (GM-MMS)

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IN W.P. No.7325/2024:

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BETWEEN:

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G. K. RATHNA., SINCE DEAD REP. BY HER LEGAL REPRESENTATIVE, D.S.ESHWARAPPA, AGED ABOUT 59 YEARS, R/AT No.925, 12^TH CROSS, BEHIND SIT GANGOTHRI NAGAR LAYOUT, TUMKUR – 572103, TUMKUR DISTRICT.

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...PETITIONER

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(BY SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU, BENGALURU - 560001.

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2 . THE SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU, BENGALURU - 560001.

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3 . THE DIRECTOR AND COMMISSIONER, DEPT., OF MINES AND GEOLOGY, KHANIJ BHAVAN, No.49, RACE COURSE ROAD, BENGALURU - 560001.

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4 . THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY, KHANIJA BHAVANA, SPOORTHI LAYOUT, BADDIHALLI, RING ROAD, TUMKUR - 572 104.

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5 . THE JOINT DIRECTOR AND REVISING AUTHORITY, KHANIJA BHAVAN, 1^ST D CROSS ROAD, ‘I’ BLOCK, RAMAKRISHNA NAGARA, MYSURU - 570 022.

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...RESPONDENTS

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(BY SRI S.S. MAHENDRA, GOVERNMENT ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ENDORSEMENT AT No.GaBhuE/UNiTA/KaGaGu-561 2023-24/5381 DATED 27.12.2023 PASSED BY THE 4^TH RESPONDENT DEPUTY DIRECTOR AND COMPETENT AUTHORITY PRODUCED AT ANNEXURE-A.

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IN W.P. No.7029/2024:

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BETWEEN:

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SMT. G.S. RAJESHWARI , AGED ABOUT 46 YEARS, W/O G.K. BASAVARAJU, RESIDET OF SHRINAGAR, 2^ND CROSS, DEVARAYAPATTAN POST, TUMKUR-572104. TUMKUR DIST.

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...PETITIONER

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(BY SRI AKSHAY KOLLE, ADVOCATE FOR SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU, BENGALURU - 560001.

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2 . THE SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU, BENGALURU - 560001.

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3 . THE DIRECTOR AND COMMISSIONER, DEPT., OF MINES AND GEOLOGY, KHANIJA BHAVAN, No.49, RACE COURSE ROAD, BENGALURU - 560001.

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4 . THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY, KHANIJA BHAVANA, SPOORTHI LAYOUT, BADDIHALLI, RING ROAD, TUMKUR - 572 104.

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5 . THE JOINT DIRECTOR AND REVISING AUTHORITY, KHANIJA BHAVAN, 1^ST D CROSS ROAD, ‘I’ BLOCK, RAMAKRISHNA NAGARA, MYSURU - 570 022.

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...RESPONDENTS

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(BY SRI S.S. MAHENDRA, GOVERNMENT ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ENDORSEMENT AT No.GABHUE/UNIT/KAGAGU-560 2023-24/5378 DATED 27.12.2023 PASSED BY THE 4^TH RESPONDENT DEPUTY DIRECTOR AND COMPETENT AUTHORITY PRODUCED AT ANNEXURE-A.

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THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR. JUSTICE K. V. ARAVIND

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C.A.V. JUDGMENT

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(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)

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The captioned two petitions, though were reserved for judgment on different dates, since they involve common thread of facts and identical issues, they are treated together in this common judgment.

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Heard learned advocate Mr. Ravindra Gajanan Kolle for the petitioner in Writ Petition No.7325 of 2024, learned advocate Mr. Akshay Kolle for learned advocate Mr. Ravindra Gajanan Kolle for the petitioner in Writ Petition No.7029 of 2024, and learned Government Advocate Mr. S.S. Mahendra for the respondents in both the petitions.

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Facts in Writ Petition No. 7325 OF 2024

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The petitioner was granted quarry lease to extract building stones for a period of five years. The lease was in operation till 24.03.2011. The petitioner filed renewal application on 09.05.2013. Sub-rule (2) of Rule 21 of Karnataka Minor Mineral Concession Rules, 1994 (KMMC Rules, 1994) as existed then, mandate

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renewal application to be filed 90 days prior to the date of expiry of the lease. The renewal application was rejected on 23.07.2014 by the competent authority invoking Sub-rule (2) of Rule 21 of KMMC Rules, 1994.

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3.1 The petitioner preferred Revision Application No.224 of 2014 under Rule 53 of KMMC Rules, 1994, on 13.10.2014. The petitioner filed another renewal application on 16.06.2016, which came to be rejected on 29.06.2016 against which, another Revision Application in No.68 of 2016-17 was filed. As on that date, the first Revision Application No.224 of 2014 was pending. The revisional authority dismissed both the applications on 12.01.2017, and the orders reached finality.

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3.1.1 The petitioner filed representation dated 20.12.2023 seeking

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an extension of the quarry lease invoking Rule 8-A of KMMC Rules, 1994, as amended in 2023. The renewal application is rejected with an endorsement dated 27.12.2023 at Annexure-A.

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Facts in Writ Petition No.7029 OF 2024

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3.2 The petitioner was granted a quarry lease to extract building stones for a period of five years. The lease was in operation till 24.03.2011. The petitioner filed a renewal application on

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09.05.2013. Sub-rule (2) of Rule 21 of Karnataka Minor Mineral Concession Rules, 1994 (KMMC Rules, 1994) as existed then mandate renewal application to be filed 90 days prior to the date of expiry of the lease.

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3.2.1 The renewal application was rejected on 18.11.2013 by the competent authority invoking Sub-rule (2) of Rule 21 of KMMC Rules, 1994. The petitioner preferred revision under Rule 53 of KMMC Rules, 1994. The revisional authority dismissed the revision on 12.01.2017, which the order reached finality.

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3.2.2 The petitioner filed representation dated 20.12.2023 seeking an extension of the quarry lease invoking Rule 8-A of KMMC Rules, 1994, as amended in 2023. The renewal application is rejected with an endorsement dated 27.12.2023 at Annexure-A.

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Submissions of learned advocate for the parties

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Learned advocate appearing for the petitioners submits that in view of second Proviso to Rule 8-A(2) of KMMC Rules, 1994, the lease is deemed to be extended, however, only to be considered is workability of quarry and subject to establishment of mineral availability. The learned advocate submits that the respondent authorities have no right to adjudicate the petitioners’ entitlement to

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extension. In other words, it is submitted that it is deemed to be extended by operation of law.

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4.1 Learned advocate for the petitioners contends that filing of application within the timeframe was a requirement as per erstwhile Rule 8-A(4) of the KMMC Rules, 1994, which was in operation till 17.03.2023. In view of the said rule being omitted, filing of renewal application within the time is no more a requirement. Learned counsel submits that Proviso to Rule 8-A(2) would provide a deemed extension even if lease period has expired.

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4.1.1 Learned counsel further submits that Sub-rule (8) to Rule 8-A KMMC Rules, 1994 is not applicable as the same applies only to the minerals reclassified in the Notification dated 10.02.2015. The building stone for which the quarry lease was granted was a minor mineral even before the notification and amendments.

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4.1.2 Lastly, the learned advocate further contends that the stand of the respondent authorities that deemed extension as provided under Rule 8-A of the KMMC Rules, 1994 is applicable, is only to live leases would defeat the amended provisions and contrary to II Proviso to Rule 8-A(2) of the KMMC Rules, 1994.

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4.2 Learned Government Advocate for the respondents submits that the petitioner has remedy under Rule 53 of the KMMC Rules, 1994. In view of statutory remedy by way of revision before the competent authority, the writ petition is not maintainable.

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4.2.1 Learned Government Advocate for the respondents would further contend that the quarry lease was granted for a period of five years on 25.03.2006, which expired on 24.03.2011. As per Sub-rule(2) of Rule 21 of KMMC Rules, as applicable at the relevant time, renewal application was to be filed 90 days before the expiry of the lease. The renewal application was filed on 09.05.2013 after the lapse of 2 years and 2 months, which resulted in rejection on 23.07.2014. The revision was filed under Rule 53 of KMMC Rules.

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4.2.2 During the pendency of the first revision application, another application for renewal was filed on 16.06.2016, resulting in rejection by the competent authority on 29.06.2016. Against which revision application No.68 of 2016-2017 was filed. Learned Government Advocate submits that both the revision applications were rejected on 12.01.2017 as the renewal applications were not in terms of Sub-rule (2) of Rule 21 of KMMC Rules, 1994. He

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vehemently contends that the orders rejecting the renewal applications have reached finality.

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4.2.3 Learned Government Advocate submits that renewal applications and revision applications having been rejected in 2017, much prior to the 2023 amendment, the petitioners have no right under the 2023 amendment to revive the expired quarry leases. Learned Government Advocate submits that, once renewal of lease is rejected, in view of sub-rule (8) of Rule 8-A of KMMC Rules, 1994, renewal as per Sub-rule (2) of Rule 8-A of KMMC Rules, 1994 is not permissible.

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4.2.4 It is submitted that Sub-rule (8) overrides the other sub-rules of Rule 8-A of KMMC Rules, 1994, in view of the non abstante clause. Learned Government Advocate would further submit that in view of the specific provision under Sub-rule (8) of Rule 8-A and Sub-rules (2), (3) and (4) of Rule 8 of the KMMC Rules, 1994, the deemed extension applies only to the quarry leases wherein the period of license/lease is live or the renewal applications filed within the time are pending consideration.

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Relevant provisions

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5. Rule 8-A of KMMC Rules,1994 reads as under,

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“8-A. Periods for which quarrying lease, licence or composite licence may be granted .-(1) On and from the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, all the quarrying lease, licences and prospecting-cum-quarrying lease, unless or otherwise explicitly mentioned in these rules shall be granted for a period of fifty years for specified minor minerals and for a period of thirty years for the nonspecified minor minerals, subject to establishment of mineral availability and workability of the quarry and further subject to provisions under Chapters II and II-A of these rules:

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Provided that the period of lease may be extended equal to the period, if it exceeding one year for which the quarry remained closed (dies-non) due to Court order or any other order by the Government and dead rent shall not be chargeable for such period:

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Provided further that where quarry leases remained closed due to any fault on the part of the lessee lease period shall not be extended and dead rent shall be chargeable for such period.

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Provided that in respect of all minor minerals which are used by industries and are notified under mineral based industry as under Schedule I-B, the quarrying lease or licence shall be granted for a period of thirty years subject to such terms and conditions as may be specified by the State Government from time to time.

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(1-a) Notwithstanding anything contained in sub-rule (1), if the State Government is of the opinion that in the interest of development of minor minerals it is necessary to do so, it may, for reasons to be recorded, authorise the extension of a lease or licence for a further period upto twenty years in case of specified minor minerals and ten years in case of non-specified minor minerals, Subject to establishment of mineral availability and workability of the quarry and further subject to provisions of rules in Chapters II and II-A:

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Provided that, quarry lease under this rule shall be granted or extended or renewed on the condition that the lessee shall pay royalty and additional payment:

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Provided further that, when such royalty and additional payment is paid, then the payment by the lessee for the District Mineral Foundation Trust Fund shall be as payable by the holders of lease through auction.

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(2) All the quarrying leases or licenses granted before the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, shall be deemed to have been granted for a period of fifty years in respect of specified minor minerals and for a period of thirty years in respect of non-specified minor minerals from the date of its original grant, subject to establishment of mineral availability and workability of the quarry and also subject to the condition that all the terms and conditions of the lease or licenses have been complied by the lessee or licensee:

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Provided that, the mining leases of the minerals which are classified as minor minerals by the Central Government vide Notification No. S.O. 423(E), dated 10-2-2015 shall be deemed to have been granted for fifty years, for an area already granted under such lease and be considered as quarrying lease or licence as the case may be, subject to establishment of mineral availability and workability of the quarry and also subject to the condition that all the terms and conditions of the lease have been complied by the lessee or licence:

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Provided further that, the quarry lease or licence which are granted before 12-8-2016 and the period of such lease or licence expired before commencement of these rules shall be considered for extension of period under the provisions of this rule.

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(3) The period of all the lease or license of the specified minor minerals and mining leases of the minerals now classified as minor minerals granted before the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, the validity of their leases or license have expired or are about to expire under sub-rule (2), shall be extended and be deemed to have been extended with effect from the date of expiry of the period of renewal last made up-to a period ending on 31^st March, 2020 or till the completion of renewal period, if any,

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or a period of thirty years March date of grant of such lease or license, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with and also subject to the condition that application for renewal of the expired lease had been made by the lessee within the time required for making such renewal application.

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(4) The period of all the lease or license of the nonspecified minor minerals except the mining leases of the minerals now classified as minor minerals granted before the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, the validity of their leases or license are expired or about to be expired under sub-rule (2), shall be extended and be deemed to have been extended with effect from the date of expiry of the period of renewal last made up-to a period ending on 31^st March, 2020 or till the completion of renewal period, if any, or a period of twenty years, from the date of grant of such lease or license, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with and also subject to the condition that renewal application for the expired lease had been made by the lessee within the time period required for filing such renewal application.

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(5) On expiry of the validity of lease or license period as specified in sub-rule (1), (2), (3) and (4), the lease or license shall be put up for auction as per the procedure specified in these rules:

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Provided that if the lease or license was held by a mineral based industry as prescribed in Schedule I-B and the mineral was utilized by it for end use, the mineral based industry that was holding the lease or license shall have the first right of refusal in the auction.

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(6) The period of Prospecting license shall not exceed one year extendable by one more year by the State Government in the interest of mineral development upon recording the reasons in writing.

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(7) Notwithstanding anything contained in this rule, the period of quarrying leases, including existing quarrying leases or mining leases, of Central or State Government companies or corporations or its undertakings shall be valid for a period of [fifty years]. In case of existing leases

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that have been granted to a Government company or corporation, the tenure of the same shall be deemed to be [fifty years] from its date of issuance:

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Provided that where, upon expiry of such period of [fifty years] the lessee Government Company or Corporation so requests the State Government, the period of Quarrying lease shall be extended by the state government for additional periods, each time not exceeding [fifty years].

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(8) The provisions of this rule, notwithstanding anything contained therein, shall not apply to a quarrying lease or license or mining lease of minerals now classified as minor minerals vide notification of Government of India bearing No. S.O. 423(E), dated 10-2-2015 granted before the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, for which renewal has been rejected, or which has been determined, or lapsed.”

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5.1 Sub-rule (4) of Rule 8-A of the KMMC Rules, 1994 reads as under,

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“(4) The period of all the lease or license of the nonspecified minor minerals except the mining leases of the minerals now classified as minor minerals granted before the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, the validity of their leases or license are expired or about to be expired under sub-rule (2), shall be extended and be deemed to have been extended with effect from the date of expiry of the period of renewal last made up-to a period ending on 31^st March, 2020 or till the completion of renewal period, if any, or a period of twenty years, from the date of grant of such lease or license, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with and also subject to the condition that renewal application for the expired lease had been made by the lessee within the time period required for filing such renewal application.”

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5.1.1 Sub-rule (2) of Rule 21 is also relevant,

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“Grant of Quarry Leases for Non-specified Minor Minerals

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Application for grant or renewal of a quarrying lease in respect of non-specified minor minerals . (1) ...

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(2) Every publication for renewal of a quarrying lease to quarry non-specified minor mineral in the land belonging to the State Government which has not been notified under Rule 8-B shall be made in Form R to the Competent Authority on or before ninety days before the expiry of the lease together with a certificate to the Competent Authority for having cleared the arrears, if any, in respect of any lease held by the applicant as on the date of making the application. The application shall be accompanied by an application fee of rupees one thousand in the form of a treasury challan together with the difference of security deposit, if any, to be paid by the lessee at the prevailing rate, sketch as specified in FORM R.”

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Analysis of provisions

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5.2 The petitioner was granted a quarry lease of building stone under a lease deed dated 25.03.2006 for a period of five years, which expired on 24.03.2011. The quarry lease is executed at Annexure-C for five years. The quarry lease deed provides renewal of the term of the lease/license. If the lessee/licensee is desirous of continuing lease/license can apply in writing before the competent authority 90 days before the expiry of the lease/license. This enabling provision for renewal conforms with Sub-rule (2) of Rule 21 of the KMMC Rules, 1994, as it existed. When five years lease period expired on 24.03.2011, this Rule was in force.

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5.2.1 Section 8-A has undergone sea change with a series of amendments in 2016. Sub-rule (4) of Rule 8-A, as amended in Rules 2016, enabled the lease/license expired or about to be expired to be deemed to have been extended up to 31.03.2020 or 20 years, whichever is later. However, the deemed extension provided was with a rider, that the terms and conditions of the lease are complied with and that the renewal application for the expired lease was made within the time period required for filing such renewal application. The period prescribed is Sub-rule (2) of Rule 21.

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5.2.2 Further changes were brought to Rule 8-A by the 2023 amendment. Sub-rule (2) of Rule 8-A provided for deemed extension for a period of 50 years in respect of specified minor minerals, however, subject to establishment of mineral availability and workability of the quarry and also to subject to terms and conditions of lease/license by the lessee/licensee. The second Proviso to Sub-rule (2) enable quarry lease/license granted before 12.08.2016 to be considered for extension of the period under the Rule. It is to be noted that when Sub-rule (2) to Rule 8-A was amended in 2023, Rule 21 was omitted.

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5.2.3 Sub-rule (8) to Rule 8-A commences with a nonabstante clause and applies to quarry lease/license of minerals classified as minor minerals under Notification bearing No.S.O. 423 (E), dated 10.02.2015, by the Government of India, in respect of such minerals for which renewal has been rejected or which has been determined or lapsed.

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5.3 The building stone is not part of mineral notified in the Notification dated 10.02.2015. Sub-rule (8) restricts the deemed extension provided under Sub-rule (2) when renewal is rejected regarding the minerals classified as minor minerals and minerals which are part of Notification dated 10.02.2015.

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Analysis of facts and submissions

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5.4 The petitioner was granted quarry lease on 25.03.2006 for five years which expires on 24.03.2011. As on the date of expiry of the lease, Rule 21 was in operation. As per Sub-rule (2) of Rule 21, the application for renewal is to be filed 90 days before the lease/license expires. The two applications for renewal, dated 09.05.2013 and 29.06.2016, were much after the expiry of the lease period. Both the applications were rejected by order dated 23.07.2014 and 29.06.2016. Separate revision applications

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against both rejection orders resulted in dismissal by order dated 12.01.2017. The order of rejection of renewal as well as rejection of revision applications reached finality.

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5.4.1 The petitioner filed a third application for renewal on 20.12.2023, in view of amendment in 2023 wherein Sub-rule (4) of Rule 8-A was omitted with effect from 17.03.2023. It is the contention of the petitioner that in view of the omission of Sub-rule (4), filing an application for renewal of lease/license 90 days before the expiry of the subsisting lease/license is not a requirement. It is further contended that second Proviso to Sub-rule (2) to Rule 8-A provides a deemed extension where the period of such lease/license has expired before the commencement of the Rules. It is contended that Sub-rule (8) to Rule 8-A is not attracted as building stone is not the subject matter of Notification dated 10.02.2015.

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5.4.2 In the previous paragraphs, it is held that Sub-rule (8) of Rule 8-A is not applicable to the mineral in question i.e. building stone, as the same is not part of Notification dated 10.02.2015. The only issue remains to be considered is the claim of deemed extension under Sub-rule (2) of Rule 8-A.

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5.5 Sub-rule (2) to Rule 8-A provides deemed extension subject to compliance of terms and conditions of lease/license. The lease deed contemplates renewal application in writing 90 days before the expiry of the lease/license as prescribed in the Rules. The prescribed Rule is Rule 21. Sub-rule (2) of Rule 21 mandates renewal application in writing 90 days before the expiry of the lease/license. When the period of the lease expired, Rule 21 was in operation.

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5.5.1 The application filed on 09.05.2013 for renewal was rejected on 23.07.2014, and the revision application has also received the same fate. One more application dated 16.06.2016, resulting in rejection by order dated 29.06.2016, also faced the same fate in the hands of the revisional authority on 12.01.2017.

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5.5.2 As no renewal application as per the prescribed Rules was filed 90 days before the expiry of the lease/license, the terms and conditions of the lease/license are violated. As a consequence, the petitioner would not be entitled to a deemed extension under Sub-rule (2) of Rule 8-A.

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5.5.3 The reliance on the second Proviso to Sub-rule (2) of Rule 8-A to contend that the petitioner would be entitled to a

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deemed extension on the expiry of the lease/license period is misconceived. The settled position of law that the Proviso shall not widen the scope of substantive provision needs no reiteration. The second Proviso has to be read with literal meaning. On a conjoint reading of Proviso and Sub-rule (2), it would only indicate that the lease/license of which renewal application is filed, during the pendency of renewal application, the period of such lease/license has expired, such pending applications shall be considered for extension under the Rule. Such pending applications are permitted to be considered as the same would comply with the lease/license terms and conditions.

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5.6 The building stone is a non-specified minor mineral. Subrule (4) to Rule 8-A deals with the extension of leases/licenses that are expired or about to expire. The extension imposes the conditions. Compliance of the terms and conditions of the lease is the first and second renewal application within the period required for filing such renewal application. In the case on hand, the competent authority and the revisional authority, while considering two different applications for renewal, recorded a finding that no application for renewal of the lease/license was filed 90 days before the expiry of the lease/license period. In that view of the

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matter, even under Rules as amended in 2023, the petitioners are not entitled to renewal.

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5.7 In order to understand the ambit of Sub-rule (2), it can be referred to Sub-rule (3) and (4) to Rule 8-A. Both the sub-rules, though, deal with the lease/license of different class of minerals, however, they reiterate compliance with the terms and conditions of the lease/license. Thereby, it is clear that to apply Sub-rule (2), the application for renewal 90 days before the expiry of the lease/license remained even after the omission of Rule 21, as such condition remained in force in the lease/license deed.

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The application for renewal dated 20.12.2023 has no merit to consideration on delay and laches. The first application was rejected on 23.07.2014 and second application on 29.06.2016. Both applications were subjected to revision under Rule 53 of the KMMC Rules, 1994. The revisional authority rejected both the revision petitions on 12.01.2017.

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The order of rejection of the application by the competent authority and rejection of the revision application by the revisional authority reached finality in 2017. The petitions are filed after the lapse of seven years. Both the petitions thus suffer from delay and

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laches. The right to extension of quarry lease/license has exhausted under the pre-amended provision of KMCC Rules, 1994. Amendment in 2023 will not revive the cause already dead.

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Learned counsel for both the parties relied on the judgment of this Court in Writ Petition 18739 of 2021 in K.M. Ramaswamy vs. State of Karnataka and others . The petitioner contends that Sub-rule (8) of Rule 8-A is not applicable. Learned Government Advocate's contention is on applicability. The Court considered Sub-rule (8) in the context of Sub-rule (4) as existed before the 2023 amendment. The case on hand considers considering subrule (8) in the context of 2023 amendment. In view of the change in the provisions imposing/relaxing various conditions, the decision

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in K.M. Ramaswamy (supra) is not applicable to the case in hand.

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Conclusion

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In the light of the above discussion and analysis, the following is held,

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(i) Application dated 20.12.2023 for renewal of lease granted under the lease deed dated 25.03.2006 was not maintainable as not filed 90 days before the expiry

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of the lease period of five years. The application dated 20.12.2023 is hit by delay and laches.

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