Case Note & Summary
The petitioner, Sri K.M. Ramaswamy, was granted a quarrying lease for 2.20 acres in Sy.No.47 of Naduvanahllai Village, Chikkaballapur Taluk, Chikkaballapur District, for a period of five years with effect from 30.05.2006, for quarrying building stone, a non-specified minor mineral under the Karnataka Minor Mineral Concession Rules, 1994 (KMMC Rules). The lease deed (Annexure-A) recorded the lease period as five years. The petitioner filed a renewal application on 21.02.2011, which was rejected. Subsequently, Rule 8-A of the KMMC Rules was amended by notification dated 12.08.2016, providing that quarrying leases for non-specified minor minerals shall be deemed to be granted for a period of 20 years. The petitioner approached the High Court seeking a writ of mandamus to direct the respondents to issue a corrigendum amending the lease period from 5 years to 20 years from the date of original grant, and to declare that the rejection of the renewal application has no consequence in light of the deemed extension. The court, after hearing the petitioner's counsel and the Additional Government Advocate for the respondents, observed that the lease is deemed to be extended for a period of 20 years from the date of original grant under Rule 8-A(4) of the KMMC Rules, 1994, as amended. The court directed the respondents to issue a corrigendum within a period of four weeks from the date of receipt of the order, treating the lease as granted for 20 years from 30.05.2006. The petition was disposed of accordingly.
Headnote
A) Mining Law - Quarrying Lease - Deemed Extension - Rule 8-A of Karnataka Minor Mineral Concession Rules, 1994 - The petitioner sought a writ of mandamus directing the respondents to issue a corrigendum amending the lease period from 5 years to 20 years in the quarrying lease deed dated 30.05.2006. The court held that the lease is deemed to be extended for a period of 20 years from the date of original grant under Rule 8-A(4) of the KMMC Rules, 1994, as amended by notification dated 12.08.2016, and directed the respondents to issue a corrigendum accordingly. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to a deemed extension of the quarrying lease period from 5 years to 20 years under Rule 8-A of the Karnataka Minor Mineral Concession Rules, 1994, and whether the respondents are obliged to issue a corrigendum to that effect.
Final Decision
The court allowed the writ petition and directed the respondents to issue a corrigendum within four weeks from the date of receipt of the order, amending the lease period from 5 years to 20 years from the date of original grant i.e., 30.05.2006. The petition was disposed of.
Law Points
- Deemed extension of lease period
- Rule 8-A of Karnataka Minor Mineral Concession Rules
- 1994
- Quarrying lease for non-specified minor mineral
- Mandamus for corrigendum
Case Details
2022 LawText (KAR) (02) 32
Writ Petition No.18739 of 2021 (GM-MM-S)
Ritu Raj Awasthi, Chief Justice, Suraj Govindaraj, Justice
Sri Prakash B.S. for petitioner, Sri S.S. Mahendra, AGA for respondents
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the respondents to issue a corrigendum amending the period of the quarrying lease from 5 years to 20 years.
Remedy Sought
Petitioner sought direction to respondents to issue corrigendum amending lease period to 20 years from date of original grant, and declaration that rejection of renewal application has no consequence.
Filing Reason
The petitioner's quarrying lease deed recorded a period of 5 years, but under amended Rule 8-A of KMMC Rules, 1994, the lease is deemed to be for 20 years. The respondents failed to issue a corrigendum to reflect the correct period.
Previous Decisions
The petitioner's renewal application dated 21.02.2011 was rejected, but the court held that such rejection has no consequence in light of the deemed extension under Rule 8-A(4).
Issues
Whether the petitioner is entitled to a deemed extension of the quarrying lease period from 5 years to 20 years under Rule 8-A of the Karnataka Minor Mineral Concession Rules, 1994?
Whether the respondents are obliged to issue a corrigendum to the lease deed to reflect the extended period?
Submissions/Arguments
Petitioner argued that under Rule 8-A(4) of the KMMC Rules, 1994, as amended by notification dated 12.08.2016, the lease for non-specified minor minerals is deemed to be granted for a period of 20 years, and the respondents should issue a corrigendum to that effect.
Respondents did not file any objection; the court heard the Additional Government Advocate.
Ratio Decidendi
Under Rule 8-A(4) of the Karnataka Minor Mineral Concession Rules, 1994, as amended by notification dated 12.08.2016, a quarrying lease for non-specified minor minerals is deemed to be granted for a period of 20 years from the date of original grant, and the respondents are bound to issue a corrigendum to reflect the correct period.
Judgment Excerpts
The petitioner is before this Court seeking for the following reliefs: ...
The petitioner had been granted a quarrying lease in respect of 2.20 acres in Sy.No.47 of Naduvanahllai Village, Chikkaballapur Taluk, Chikkaballapur District for a period of five years with effect from 30.05.2006 for the purpose of quarrying building stone which is a non-specified minor mineral...
In view of the above, the respondents are directed to issue a corrigendum within a period of four weeks from the date of receipt of the order...
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru on an unspecified date. The petition came up for preliminary hearing on 24.02.2022, and the court disposed of it with directions.
Acts & Sections
- Karnataka Minor Mineral Concession Rules, 1994: Rule 8-A, Rule 8-A(4)
- Constitution of India: Articles 226, 227
