Karnataka High Court
M/S Durga Minerals Company vs The State Of Karnataka on 29 February, 2016
Bench: Chief Justice, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY 2016
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT PETITION NO.50131 OF 2015 (GM-MM-S)
BETWEEN
M/S. DURGA MINERALS COMPANY
NO.764, 8TH CROSS, 15TH MAIN
SRINIVASA NAGAR, BANK COLONY
BENGALURU-560050
REP BY ITS MANAGING PARTNER
B.V.SATISH BABU
... PETITIONER
(BY SRI K B SHIVAKUMAR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF INDUSTRIES & COMMERCE
VIKASA SOUDHA
BENGALURU-560001
2. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
NO.49, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560001
3. THE DISTRICT TASK FORCE (MINES) COMMITTEE
OFFICE OF THE DEPUTY COMMISSIONER
CHITRADURGA-577501
4. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
CHITRADURGA-577501
2
5. THE RULE 11 COMMITTEE
CONSTITUTED UNDER RULE 11 OF
KMMCR, 1994, PRESIDED OVER BY
THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT AS CHAIRMAN
DEPARTMENT OF INDUSTRIES & COMMERCE
VIKASA SOUDHA, BENGALURU-560001
... RESPONDENTS
(BY SRI Y H VIJAYKUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT RESPONDENT NO.1 TO TAKE A DECISION, WHETHER
TO CLASSIFY THE MINERAL WHITE QUARTZ AS A SPECIFIED
MINOR MINERAL OR AS A NON-SPECIFIED MINERAL, IN VIEW
OF ANNEXURE-F DATED 10.02.2015 AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The writ petitioner applied for grant of quarrying lease for quarrying white quartz. When he applied for such quarrying lease, white quartz was a major mineral. Therefore, the procedure for grant of quarrying lease was governed by Mines and Minerals (Development and Regulation) Act, 1957.
2. There has been an amendment to the provisions of the said Act and white quartz has now become minor mineral. 3
3. Therefore, the application of the writ petitioner shall have to be considered under the Karnataka Minor Mineral Concession Rules, 1994.
4. Mr.Y.H.VIjaykumar, learned Additional Government Advocate appearing for the respondents, submits that as the application was submitted at a point of time when white quartz was a major mineral, in view of the change of law, the application becomes infructuous.
5. We regret that we cannot accept such prayer. The application is still pending before the State. It shall be considered by the State under the prevalent Rules.
6. It is submitted that the classification has not reached finality. However, the government has proposed to classify white quartz as a non-specified mineral.
7. We, therefore, direct the Chief Secretary, Department of Industries and Commerce, to convene a meeting of the Task Force and to consider the application of the writ petitioner for grant of quarrying lease under the Karnataka Minor Mineral Concession Rules, 1994, proceeding on the basis that white quartz is a non-specified mineral, 4 within three months from the date of communication of this order.
8. With the aforesaid directions, the writ petition stands disposed of.
9. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv