2. THE OFFICE OF THE DIRECTOR

DEPARTEMTN OF MINES AND GEOLOGY

KHANIJA BHAVAN, RACE COURSE ROAD

BENGALURU 560 001

…RESPONDENTS

(BY SRI KIRAN V. RON, ADDITIONAL ADVOCATE GENERAL A/W SMT. NILOUFER AKBAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS AGAINST THE ORDER DATED 04/02/2023 PASSED BY THE RESPONDENT NO.1 IN SL.NO.CI 107 CMC 2021 VIDE ANNEXURE-J & ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

and

HON'BLE MR. JUSTICE C.M. POONACHA

C.A.V. JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The petitioner has filed the present petition, inter alia impugning an order dated 04.02.2023 [impugned order] passed by respondent No.1 whereby the petitioner's application under Section 8A(3) of the Mines & Minerals (Development & Regulation) Act, 1957 [MMDR Act], was rejected.

2. The petitioner had claimed deemed extension of the existing mining lease over a land measuring six acres falling in Survey No.63/1 of Thimmapura Village, Mudhol Taluk, Bagalkot District. The petitioner's application for a deemed extension of the lease was rejected on the ground that the area of six acres of land was less than the threshold area required for a special lease under Section 22(D)(c) of the Mineral Concession Rules, 1960 [MCR, 1960].

The context

3. It is stated that one Sri Ninganagouda Appanagouda Patil was an agriculturist who owned agricultural land to the extent of about 20 acres falling in Survey No.63/1 of Thimmapura Village, Mudhol Taluk, Bagalkot District. He had filed an application for mining limestone lease to the extent of 15.20 acres of the subject land on 23.08.2002. The said application was recommended by the Deputy Director, Department of Mines & Geology, by letter dated 08.04.2024. However, the recommendation was for a mining lease confined to an area of 6 acres falling in Sy.No.63/1 [subject land].

4. Thereafter, the Deputy Director, Department of Mines and Geology, accorded its approval for grant of mining lease of limestone in respect of the subject land (land of 6 acres falling in Survey No.63/1 of Thimmapura Village). The recommendation of the lease was for a term of 20 years. The subject land was surveyed and a demarcation report furnished by the Junior Engineer was submitted on 13.12.2005 along with the sketch of the subject land.

5. Respondent No.2 granted mining lease in favour of the applicant (Sri Ningangouda Appanagouda Patil) for an extent of 6 acres of land vide Mining Lease No.2508 dated 25.01.2006, which was registered. The term of the mining lease was 20 years.

6. During the term of the mining lease, the licencee (Sri Ningangouda Appanagouda Patil), made an application dated 28.07.2007 requesting that 'dolomite mineral' be included in the existing mining lease (Mining Lease No.2508). The said application was recommended by the Deputy Director, Department of Mines and Geology on 04.02.2008. Thereafter, the Director, Department of Mines and Geology issued a notification dated 15.06.2011 approving inclusion of 'dolomite mineral' in the existing mining lease (Mining Lease No.2508) for a period co-terminus with

the original lease, which would expire on 24.01.2026. The inclusion deed including 'dolomite mineral' as a part of the mining lease (ML No.2663) was executed on 21.07.2011. The same came to be registered on 02.08.2011 at the Mudhol Sub-Registrar Office.

7. It is stated that one of the conditions of the grant of mining lease was that land would be converted to non-agricultural. Accordingly, the lessee (Sri Ningangouda Appanagouda Patil) made an application seeking conversion of the subject land to non-agricultural land – for the purpose of industrial (mining) – to the District Collector, Bagalkot. He also paid the conversion fee along with compounding fine aggregating to ` 4,44,418/-.

8. Sri Ningangouda Appanago