2004 Supreme(Mad) 712
K.GNANAPRAKASAM, B.SUBHASHAN REDDY
State of Tamil Nadu, represented by its Secretary to Government, Industries Department, Chennai and another – Appellant
Versus
P. Krishnamoorthy and others – Respondent
Advocates:
N.R.Chandran, Advocate General, assisted by V.Ragghupathi Government Pleader, P.Gunaraj, Special Government Pleader and S.Srinivasan, Government Advocate, for Appellants.
K.Ramakrishna Reddy, M.Ravindran, Senior Counsel, for K.R.Krishnan, R.Thiagarajan, Senior Counsel, for M/s.M.Muthappan, K.Alagiriswamy, Senior Counsel, for P.T.S.Narendranathan, R.Viduthalai, V.Sanjeevi, K.Mutjukumaraswamy and AR.L.Sundaresan for Respondents in Writ Appeal.
P.V.Bakthavatchalam, M.S.Umapathy and T.Mohan for Respondents in the Writ Appeals.
B.Subhashan Reddy, C.J: These writ appeals and writ petitions arise out of Mines and Minerals (Development and Regulation) Act, 1957 and the Tamil Nadu Minor Mineral Concession Rules, 1959 framed thereunder. The matter relates to sand quarry leases. Sand quarry leases were being granted on the terms and conditions stipulated by the Government. The said terms and conditions are stipulated pursuant to the Tamil Nadu Minor Mineral Concession Rules, 1959, which have been framed in exercise of the rule-making power contained in Sec.15 of the Mines and Mineral (Development and Regulation) Act, 1957, which is hereinafter referred to as the Act and the above rules as Rules. The leases are granted with 3 years tenure, subject to the deposit of such amount towards royalty, dead rent, etc. The leases to quarry sand are granted both in respect of Government lands and patta lands. Lease for quarrying in Government lands is governed by Rule 8 of the Rules, while for that of the patta lands, Rules 17 and 18, thereof, govern it. While in Rule 17 quarrying is permitted free of charge by the owner on a small scale for his own use for a specific bona fide domestic or agricultural purpose, but if it i
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