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 is for business purposes Rule 18 is applicable, and then seigniorage fee or dead rent, etc., are payable. Procedure for leases under Rule 18 is prescribed in Rule 19 of the Rules.

2. There are 135 sand quarries in Government lands and 52 in patta lands. Leases, which have been granted earlier, expire in the years 2003, 2004,2005 and 2006. Such numbers are 19, 102, 33 and 33 respectively. May be in some cases sand quarry is being done under the orders of the Court when the leases were either not granted or due to delay by the government in disposal of applications. Still there are number of applications pending seeking for lease, but that is a question apart as we are required to decide only the rights of the existing lessees or the persons quarrying under Court orders.

3. This litigation arose because of the issuance of G.O.Ms.No.95, Industries (MMC.I) Department, dated 1.10.2003 inserting Rule 38A to the Rules, making it enforceable from the next day i.e., 2.10.2003. The same reads as follows:

"GOVERNMENT OF TAMIL NADU ABSTRACT

Mines and Quarries - Minor Minerals - Tamil Nadu Minor Mineral Concession Rules, 1959 - Introduction of Rule - 38A - Amendment to Tamil Nadu Minor Mineral Concession Rules, 1959 - Notification - Issued.

INDUSTRIES (MMC.I) DEPARTMENT G.O.Ms.No.95 Dated: 1.10.2003

Read:

G.O.2(D) No.46, Industries Department dated 25.9.2003

ORDER:

Taking cognizance of the indiscriminate quarrying in the river systems of Tamil Nadu in a Public Interest Litigation, the Hon’ble High Court in their order dated 26.7.2002 had directed the State Government to constitute a Committee of Experts consisting of geologist, environmentalist and scientist to study the river and river beds in the State with reference to the impact of sand quarrying. Accordingly, the Government in the G.O. read above constituted a six member High Level Committee. The Committee after extensive touring of the river systems of the State has submitted its report to the Government. A copy of the report has been furnished to the Hon’ble High Court. The High Court, while ordering the Government to constitute the High Level Committee had also directed-

“The Government on receipt of the report from the Committee shall act in conformity with the guidelines and take all necessary further steps to arrest the exploitation and to protect and improve the situation and restore status quo-ante. The Government shall pass suitable regulatory legislation in this regard. The action on the part of the Government after the receipt of the report should not brook any delay, it should act fast.”

2. The High Level Committee in its report has pointed out that illicit and haphazard sand mining has led to deepening of the river beds, widening of the rivers, damage to civil structures, depletion of groundwater table

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