A mining lease holder is not entitled to a 'deemed extension' under the MMDR Act if they have failed to resume mining operations for a continuous period of two years or violated mandatory lease conditions such as the implementation of an R&R plan and payment of required compensation.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER IN SL NO-CI45MMM2016 DATED 10.06.2020 PASSED BY THE RESPONDENT NO.3 (ANNEXURE-J) AND QUASHING THE ORDER IN REVISION APPLICATION NO-13/03/2020/RC-1 DATED 06.05.2022 PASSED BY THE RESPONDENT NO.2 (ANNEXURE-N) TO THE EXTENT OF THE DISENTITLEMENT OF THE PETITIONER FOR DEEMED EXTENSION & ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, ORDER 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. JUSTICE C.M. POONACHA)

1. The present writ petition is filed calling in question the order dated 10.06.2020 passed by the respondent No.3 - Principal Secretary, Department of Commerce and Industries (MSME & Mines), State of Karnataka and the order dated 06.05.2022 passed by respondent No.2 - Joint Secretary, Ministry of Mines, Government of India. The petitioner also sought for a direction regarding deemed extension of ML No.2368.

2. The relevant facts in a nutshell leading to the present petition are that the petitioner is the holder of a mining lease (ML No.2368) in respect of an extent of 56.739 Ha (140.20 acres) in Sy.No.326 of Janekunta Village, Ballari Taluk [subject property] for mining iron ore, yellow ochre, red ochre and quartzite for a period of 20 years from 26.07.2002. The Supreme Court vide order dated 25.02.2011 [passed in WP No.562/2009: Samaj Parivartana Samudaya Vs. State of Karnataka] directed the Central Empowered Committee [CEC] to submit a report on the alleged irregularities in mining operations. Based on the report of the CEC, vide order dated 06.05.2011, the Supreme Court constituted a joint team to conduct survey and demarcation of 99 mining leases in Bellary District, inter alia, to ascertain regarding the extent of encroachment in the adjacent forest/revenue areas and to assess the quantum of illegal mining. Vide order dated 29.07.2011, the Supreme Court ordered a complete ban on mining in Bellary District. The said ban was extended to all iron ore mining leases in Tumkur and Chitradurga districts also by order dated 26.08.2011. The joint team conducted survey of all iron ore and mining leases in the aforementioned three districts.

3. Vide proceedings dated 08.09.2011, the joint team found encroachment beyond the leased area by the petitioner by way of mining pits to the extent of 2.45 Ha; by way of dumps to the extent of 2.17 Ha; and other encroachments to the extent of 11.05 Ha [totaling 15.67 Ha].

4. Pursuant to order dated 23.9.2011 of the Supreme Court, issues raised by the lessees regarding survey conducted by the joint team were heard by the CEC in the hearing held on 01.12.2011, wherein the issues raised by the petitioner were also considered. The CEC in its report dated 03.02.2011 filed to the Supreme Court, placed the mining lease of the petitioner in category B. The CEC did not find any reason to modify/review the findings of the joint team relating to the mining lease of the petitioner, which was accepted by the Supreme Court.

5. The Supreme Court vide judgment dated 18.04.2013 specified conditions for resumption of mining operations in Category B mining leases (which are applicable to the petitioner) wherein it was ordered that in order to resume mining operations, the lease holders were re