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K. R. SHRIRAM, SENTHILKUMAR RAMAMOORTHY
R. Thamaraiselvan – Appellant
Versus
Government of India Rep. by Joint Secretary to Government Ministry of Mines Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – Respondent
ORDER :
K.R.Shriram, C.J.,
Prayer : Petitions filed under Article 226 of the Constitution of India seeking
(i) in W.P.No.4110 of 2021 – a writ of Certiorarified Mandamus calling for the records relating to the impugned Tender-cum-Auction Notification in Roc.No.1113/2020 (Mines) dated 01.02.2021 published in English Daily 'Indian Express” dated 04.02.2021 and Tamil Daily “Dhina Mani” dated 04.02.2021 by the 3rd respondent herein, quash the same as unsustainable in law and consequently direct the respondents herein to strictly follow the statutory order passed by the 1st respondent vide his order No.16/4/2020-M.VI dated 03.06.2020 and the relevant rules in force in the matter of grant of quarry lease for quarrying granites in Government lands at Krishnagiri District;
(ii) in W.P.No.4772 of 2021 - a writ of Certiorarified Mandamus calling for the records relating to the impugned Tender-cum-Auction Notification in Roc.No.410/2016 (Mines) dated 18.01.2021 published in English Daily “The Hindu” dated 21.01.2021 and Tamil Daily “Dhina Mani” dated 21.01.2021 by the 3rd respondent herein, quash the same as unsustainable in law and consequently, direct the respondents herein tostrictly follow th
The State Government has the authority to regulate quarry leases under the MMDR Act, and notifications issued for such leases were valid despite the petitioner's claims.
The Granite Rules, 1999 prevail over the Andhra Pradesh Minor Mineral Concession Rules, 1996 and the Andhra Pradesh Minor Mineral Auction Rules, 2022 in the event of repugnancy.
Impugned order set aside for non-application of mind; remanded for fresh inquiry on excess quarrying with hearing opportunity.
Court directs expeditious processing of environmental clearance application without interfering with impugned quarry denial orders.
The court upheld the legality of mining leases under U.P. Minor Minerals Rules, clarifying that G.O. dated 31.5.2012 applies only to river bed minerals, as per G.O. dated 26.2.2013.
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