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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
K. Raj Kumar – Petitioner
Versus
The Principal Secretary, Industries Department, Chennai and Others – Respondents
W.P. Nos. 9668, 23248, 23254, 23258 of 2019, 73 of 2020, W.M.P. Nos. 22943, 22944, 22946, 22958, 22959, 22960, 22966, 22968, 22969, 23254, 23258, 28526, 28528, 28529 of 2019, 85 of 2020
Decided On : 09-11-2020
Layout Approvals - Prohibited Distance from Quarry - Rule 36(1A)(c) of Tamil Nadu Minor Mineral Concession Rules, 1959 - The court discussed the issue of layout approvals within 300 meters radius from existing stone quarries and the requirement of prior clearance from the Director of Geology and Mining as per Rule 36(1A)(c). The court found that the layout approvals granted without such clearance were unsustainable in law and quashed them. The court upheld the grant of quarry lease as it was in accordance with the law.
Fact of the Case:
The petitioners challenged layout approvals granted within 300 meters radius from existing stone quarries without prior clearance from the Director of Geology and Mining. The court also addressed the grant of quarry lease to the petitioners.
Finding of the Court:
The court found that the layout approvals granted without clearance from the Director of Geology and Mining were unsustainable in law and quashed them. The grant of quarry lease to the petitioners was upheld as it was in accordance with the law.
Issues: The main issue was whether the layout approvals within 300 meters radius from existing stone quarries were granted in compliance with Rule 36(1A)(c) of the Tamil Nadu Minor Mineral Concession Rules, 1959.
Ratio Decidendi: The court held that layout approvals within 300 meters radius from existing stone quarries require prior clearance from the Director of Geology and Mining as per Rule 36(1A)(c). The approvals granted without such clearance were unsustainable in law.
Final Decision: The layout approvals were quashed, and the grant of quarry lease to the petitioners was upheld. The court dismissed W.P. No. 73 of 2020 and did not award any costs.
JUDGMENT :
N. ANAND VENKATESH, J.
Prayer in W.P. No. 23248, 23254, 23258 of 2019: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned lay out approvals, vide (i) Registration No. DTCP/00507 issued by the 6th respondent based on the recommendation of the 4th respondent and to quash the same and consequently direct the respondents 4, 6, 11 and 12 not to grant any approval for layout or construction within prohibited distance of 300 meters radius from the Existing stone quarries of Peedampalli Village and Kallapalayam Village, Sulur Taluk, Coimbatore District.
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1, 2, 4 and 7 to consider the representations of the petitioner dated 08.02.2013 and 30.07.2018 and consequently, direct the respondents 2 and 4 to cancel the approval/regularisation of layout if any issued for the land situated within the prohibited distance of 300 metres radius of existing zone quarries of Peedampalli Village and Kallapalayam Village, Sulur Taluk, Coimbatore District.
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for records in Proceedings R.C. No. 223/MM-2/2013, dated 04.08.2016 passed by the 2nd respondent herein.
1. The issue involved in all these writ petitions are common and hence, they were taken up together and heard and this common order is passed.
2. The Petitioners in Writ petition Nos. 23248, 23254 and 23258 of 2019 are challenging the impugned layout approvals issued by the 6th respondent dated 09.03.2018 and 28.09.2019, based on the recommendations made by the 4th respondent and for a consequential direction to the respondents not to grant any approval for layout or construction within 300 metres radius from the existing stone quarries at Peedampalli Village and Kallapalayam Village, Sullur Taluk, Coimbatore District.
3. The petitioner in W.P. No. 73 of 2020, who is the 13th respondent in the above three writ petitions, has questioned the proceedings of the District Collector, Coimbatore dated 04.08.2016, granting permission to one K. Rajkumar (Petitioner in W.P. No. 23248 of 2019) to quarry rough stone and gravel in the subject property for a period of 5 years from 04.08.2016 to 03.08.2021.
4. The petitioner in W.P. No. 23248 of 2019 had earlier filed W.P. No. 9668 of 2019 for the issue of writ of Mandamus directing the respondents to cancel the approval/regularization of layout if any issued for the property situated within the prohibited distance of 300 metres radius of the existing stone quarries. During the pendency of this writ petition, the above three writ petitioners came to know about the approvals granted by the 6th respondent and hence, they independently filed writ petitions challenging those approvals.
5. The petitioner in W.P. No. 23248 of 2019 has been granted approval for running a quarry from the year 2008 onwards by the 3rd respondent. Similarly, the petitioner in W.P. No. 23254 of 2019 and 23258 of 2019 were given similar approvals by the 3rd respondent during the years 2009 and 2013 respectively. The particulars of the permission granted to these writ petitioners is captured by way of a Tabular Column hereunder:-
| S. No. | Lessee Name and Writ Petition No. | District Collector's Proceeding No. and Date | Stone Quarry Location and Extent | Lease Period |
| 1. | Tvl. G.S. and Company W.P. No. 23254 of 2019 | R.C. No. 861/Mines/2015 dated 09.03.2017 | Sullur Kallapalayam 24/2E2, 25/1, 25/2, 25/3 (P), 2.74.5 Patta Land | 5 Years 09.03.2017 to 08.03.2022 |
| 2. | Thiru. K. Raj Kumar W.P. No. 23248 of 2019 | R.C. No. 223/MM/2013 dated 04.08.2016 | Sulur Peedampalli 380/2(P) and 381/42.03.5 Patta La | |
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