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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
J. Senthilkumar – Appellant
Versus
District Collector, Theni – Respondent
| Table of Content |
|---|
| 1. details of quarry license and conditions (Para 1 , 2) |
| 2. arguments from both parties regarding lease extension (Para 3 , 4) |
| 3. court's factual observations on license execution (Para 5 , 6) |
| 4. discussion on legal grounds for extending the lease (Para 7 , 8) |
| 5. conclusion allowing for extension and conditions (Para 9 , 10) |
ORDER :
1. Heard the learned senior counsel appearing for the petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.
2. The petitioner was granted quarry license on 25.01.2019. It was for a period of five years. The petitioner had quarried outside the licensed area. He was therefore visited with penalty. Challenging the same, the petitioner filed W.P.(MD)No.3075 of 2020. The order imposing penalty was set aside on the ground of violation of the principles of natural justice and the matter was remanded to the file of the Revenue Divisional Officer, Uthamapalayam for fresh consideration. The RDO, Uthamapalayam reduced the amount to a sum of Rs.1,64,12,856/-. This included penalty as well as the cost of mineral. The petitioner paid the said amount without any demur. During t
The court affirmed that while statutory rules may not provide for lease extensions, equity requires recognition of circumstances where operations were unjustifiably halted, allowing for such extensio....
To claim extension of the period of lease, the petitioner must establish that the quarry remained closed due to an order passed by the State Government, as per Rule 8-A of the Karnataka Minor Mineral....
Environmental clearance certificates are valid throughout the mining lease period, including non-operative periods due to external factors, and do not require renewal.
The court cannot compel lease extensions in the absence of statutory provisions, affirming that obligations caused by judicial orders do not provide grounds for renewal requests outside established l....
Compliance with statutory provisions is crucial; failure to commence operations within specified periods renders lease applications void.
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