Karnataka High Court
M/S Mahabalesha Mining Industries vs State Of Karnataka on 28 July, 2020
Bench: Chief Justice, H.P.Sandesh
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2020
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE H.P.SANDESH
WRIT PETITION NO. 8457 OF 2020 (GM-MMS)
BETWEEN:
M/S MAHABALESHA MINING INDUSTRIES
NO.B-45, CANTONENT
OLD MARKET ROAD
BELLARI - 583 114
REPTD. BY ITS PARTNER
SRI SYED KABEER HASHMI ... PETITIONER
(BY SRI SRINIVASA K.N. ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPT. OF FOREST ECOLOGY AND ENVIRONMENT
VIDHANA SOUDHA
BANGALORE - 560 001
REP. BY ITS SECRETARY
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD
BANGALORE - 560 001
3. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
NO.1948/1 FRONT OF ANJENIYA TEMPLE
VIDYA NAGAR, DAVANGERE - 577 005
... RESPONDENTS
(BY SRI I. THARANATH POOJARY, AGA)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE
RESPONDENTS TO GRANT AT LEAST THREE MONTHS' TIME
FROM OPENING OF THE LOCKDOWN TO THE PETITIONER TO
CARRY ON THE MINING ACTIVITIES BY CONSIDERING THE
REPRESENTATION/LETTER DATED 26.05.2020, WHICH
PRODUCED AT ANNEXURE - 'J' AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:
ORDER
Admittedly, even according to the case of the petitioner, the mining lease granted to it has come to an end on 31st March 2020. There are two prayers made in the petition which are prayers (a) and (b). The prayers read as under:
(a) issue a Writ of Mandamus/order/direction, directing the Respondents to grant at least three months' time from opening of the lockdown to the petitioner to carry on the mining activities by considering the representation/letter dated 26.05.2020, which produced at Annexure - 'J' and;
(b) direct the respondents to grant six months' time to transport the mineral, which is already extracted and kept in the petitioner's mine.
2. The submission of the learned counsel appearing for the petitioner is that due to Janatha Curfew, the petitioner could not carry on the mining operations during the subsistence -3- of the leases and therefore, at least eight days' extension may be granted.
3. The learned counsel appearing for the petitioner is unable to point out any provision of law either under the Mines and Minerals (Development and Regulation) Act, 2015 or the Rules framed thereunder which can be invoked for grant of extension beyond 31st March 2020. Unless there is a specific statutory power vesting in the Competent Authority to permit continuation of the mining operations even after the expiry of lease, a writ of mandamus cannot be issued by this Court. This is apart from the contention raised in the statement of objections that in view of the guidelines dated 25th March 2020 issued by the Ministry of Home Affairs of the Government of India, there was no prohibition for carrying on the mining activity.
4. As far as prayer (b) is concerned, it is stated in paragraphs 7 and 8 of the statement of objections that the petitioner will be entitled to time of six months for transport of minerals which are already extracted and kept on the site covered by the leases. This stand is taken based on Rule -4- 12(gg) of the Minerals (other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 which provides that time is available to remove the excavated minerals for a period of six months from the date of expiry of the lease. In view of the specific Rule and the stand taken in the statement of objections, the entitlement of the petitioner in terms of prayer
(b) is accepted for a period of six months from 31st March 2020.
5. Subject to what is observed above, the petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE SN