2016 Supreme(Mad) 81
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.S. KARNAN, J.
M/s. Bishal Enterprises - Petitioner
Vs.
State of Tamil Nadu & Anr. - Respondents
W.P.No.19343 of 2006 and M.P.No.1 of 2006
Decided on : 11.01.2016
Advocate Appeared:
For the Petitioner: Mrs. P. Kalpa Reddy for M/s. K. Ramakrishna Reddy
For the Respondents: Mr. M.S. Ramesh
The court emphasized that it could not interfere with a renewal application after a significant lapse of time following the expiration of the initial lease.
Headnote:
Renewal - Granite Quarry Lease - Central Government Granite Conservation and Development Rules, 1999 - [G.O.3(D)No.102, Granite Conservation and Development Rules, 1999] - The petitioner sought renewal of a granite quarry lease for a period of 20 years as per the amended Rules. The respondents failed to consider the renewal application, leading to a dispute. The court held that the initial lease had expired, and after a lapse of twelve years, it could not interfere with the renewal application. The writ petition was dismissed.
Fact of the Case:
The petitioner sought renewal of a granite quarry lease for a period of 20 years as per the amended Rules. The respondents failed to consider the renewal application, leading to a dispute.
Finding of the Court:
The court held that the initial granite quarry lease agreement had expired, and after a lapse of twelve years, it could not interfere with the renewal application. The writ petition was dismissed.
Issues: The main issue was whether the petitioner was entitled to renewal of the granite quarry lease for a period of 20 years as per the amended Rules.
Ratio Decidendi: The court found that the initial lease had expired, and it could not interfere with the renewal application after a significant lapse of time.
Final Decision: The writ petition was dismissed, and no costs were awarded. The connected miscellaneous petition was closed.
The petitioner has submitted that the first respondent by G.O.3(D)No.102, dated 23.02.1994 has granted granite quarrying lease in respect of the petitioner's patta lands measuring 4.70.5 hectares, comprised in S.No.37/1 etc., situated in both Karasanur and Eraiyur Villages of Vanur Taluk, Villupuram District. Out of the said total area 0.73.0 hectares are situated in Karasanur Village. The quarry lands measuring 1.06.5 hectares in S.No.38, 0.08.0 hectares in S.No.37/6, 0.42.5 hectares in S.No.37/5, 0.17.0 hectares in S.No.37/8B, 0.06.0 hectares in S.No.37/2, 0.06.0 hectares in S.No.37/3, 0.04.5 hectares in S.No.37/4 and 0.05.0 hectares in S.No.37/7 totally measuring 2.31.5 hectares are situated in Eraiyur Village, Vanur Taluk, Villupuram District. Necessary lease agreement was executed on 31.01.1994 for a period of 10 years. The said lease period is from 31.01.1994 to 30.01.2004. The petitioner has further submitted that subsequently, the Government of India has brought Granite Conservation and Development Rules, 1999 with effect from 01.06.1999 to have an uniform policy through India. As per the said Rules, the lease shall be granted for a minimum period of 20 years and the lessee shall be entitled for one renewal of the equivalent period. The petitioner has further submitted that as the said amendments came during the currency of the lease and as per the settled law, the said amendments will apply to the existing leases and as such, the petitioner's said lease period shall be extended to 20 years as per the amended Rules and for the said relief, the petitioner hereby reserves the right to move a separate writ petition in an appropriate time if so, required. De hors to the said submission and without prejudice to the said submission, the petitioner has stated that as per the said Rules, every lessee holding a quarry lease shall be entitled for one renewal of the said lease for the period not exceeding 20 years. Further, the said Rule says that the application for renewal shall be made to the State Government through the District Collector.
2. The petitioner has further submitted that though the petitioner was entitled to continue quarry operations for a period of 20 years i.e., till 30.01.2014 as per the Central Government Granite Conservation Rules, as an abundant caution, the petitioner by an application dated 01.12.2005, has sought renewal of the said lease. The said application was sent to the first respondent through the second respondent by complying with all the formalities and requirements. The said renewal application submitted clubbing both the quarry lands of Karasanur and Eraiyur Villages as the said areas are continuous in nature. Though the petitioner has submitted the application and sought for renewal by complying with all the statutory formalities and requirements, the respondents have not passed any orders till date on the said renewal application of the petitioner. The petitioner has further submitted that on the representation of the All India Granite Association to bring an uniform policy through out the country, the Central Government has framed the said Granite Conservation and Development Rules, 1999 and the said Rules came into effect on 01.06.1999. As per the said Rules, the petitioner is entitled for the renewal of the lease.
3. The petitioner has further submitted that in view of the tender system introduced by the first respondent in respect of Government lands has been set-aside by this Court, the respondents are framing new Rules in conformity with the Granite Conservation and Development Rules for both Government lands and patta lands and it seems the said exercise may take considerable time. In view of the said proposed amendments, the petitioner's renewal application is not taken up for consideration by the respondents.
4. The petitioner has further submitted that there is no impediment whatsoever to grant renewal and in fact the petitioner has got a statutory right for renewal as per the