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1996 Supreme(SC) 144

J.S.VERMA, K.VENKATASWAMI, S.P.BHARUCHA
Alankar Granites Industries – Appellant
Versus
P. G. R. Scindia, Mla – Respondent


JUDGMENT

J.S. Verma, J.-The grant of in all 203 leases for quarrying granites in Government lands under Rule 3 of the Karnataka Minor Mineral Concession Rules, 1969 contrary to the prohibition contained in Rule 3A therein was challenged in the Karnataka High Court in writ petitions which were allowed by the learned single Judge and those grants were quashed. The writ appeals by the grantees of the mineral concession have also been dismissed by a Division Bench of the High Court. Hence, these appeals by special leave by the grantees.

2. All the 203 leases, out of which 61 were of renewal while the rest were fresh grants relate to quarrying of minerals in Government lands.

3. In exercise of the powers conferred by Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 Government of Karnataka made rules known as Karnataka Minor Mineral Concession Rules, 1969 (for short "the Rules"). Rule 3 provides for restriction on grant of quarry leases. Rule 3A was introduced by amendment by a notification dated 5.9.1979 restricting grant of quarry leases in respect of Black Granites. Rule 3A was amended by a notification dated 21.5.1980 extending the definition of `Black Granite


































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