NDLI: M/s. Oriental Select Granite Pvt. Ltd. Vs. State of Karnataka & Ors.

M/s. Oriental Select Granite Pvt. Ltd. Vs. State of Karnataka & Ors.

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M/s. Oriental Select Granite Pvt. Ltd. Vs. State of Karnataka & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Minerals Mines
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Mines and Minerals - Mining leases - Grant of, for mining Granite - Litigation regarding grant/renewal of mining leases - High Court set aside the grant/renewal of leases - Quarrying operations allowed by Supreme Court by interim orders dated 27.8.1993 - Appeals of lessees ultimately dismissed by Supreme Court on 18.1.1996 - Thereafter, transport permits granted to lessees for transportation of granite excavated prior to dismissal of appeals by Supreme Court - Subsequently, demand notices issued to lessees to make good the value of granite so transported - Plea of lessees that they continued mining operations under interim orders dated 24.10.1990 and 24.6.1994 passed by High Court and they could not be clubbed with those carrying on mining operations under interim order dated 27. 8.1993 passed by Supreme Court - Held : Claim of lessees is not tenable - Interim order dated 24.10.1990 became ineffective with renewal of lease and lost all its force when grant/renewal of leases was struck down by High Court - Besides, once the same issues between the same or similarly placed parties are decided by Supreme Court, no order or direction passed by High Court contrary to or at variance with decision of Supreme Court would survive - Karnataka Minor Minerals Concession Rules, 1969 - r. 34 - Karnataka Minor Minerals Concession Rules, 1994.Prior to 1990, the petitioners held lease for mining granite. On its expiry, the State Authorities did not renew the lease, in view of the bar created by rule 3A of the Karnataka Minor Minerals Concession Rules, 1969. The petitioners filed a writ petition seeking renewal of the lease. On 24.10.1990 the High Court passed an interim order in the writ petition. Operation of Rule 3A was stayed and the respondents were restrained from interfering with petitioners' right to carry on quarry operations. While the writ petition was pending, on 18.06.1991 the State Government granted/renewed mining leases to different parties, including the petitioners. Certain other writ petitions were filed challenging the action of the State Government. The Single Judge of the High Court set aside the leases granted/renewed by the State Government. The Division Bench of the High Court upheld the judgment of the Single Judge. Appeals were filed before the Supreme Court and the same were referred to as Alankar Granites' case. The present petitioner's appeals also formed part of the batch of Alankar Granites, wherein the Supreme Court passed an interim order on 27.08.1993 to the effect that renewals of existing grants in favour of the petitioners would continue till further orders of the Court. Meanwhile, the 1969 Rules were replaced by.Karnataka Minor Mineral Concession Rules, 1994, and in the writ petition filed by the petitioners, the High Court by its order dated 24.07.1994 passed directions to maintain status quo and disposed of the writ petitions. Ultimately, by order dated 18.01.1996, the appeals were dismissed by the Supreme Court and the grant of quarrying leases by the State Government was held to be bad and illegal. Thereafter, two of the lessees M/s. God Granites and Karnataka Rare Earth, covered by the aforesaid decision dated 18.1.1996 applied for and were granted transport permits by the State authorities for transportation of granites quarried before the dismissal of the appeals by the Supreme Court. Later on, the authorities issued notice to the lessees to make good the value of granite that so transported. The demand notice was challenged. Both the Single Judge as also the Division Bench of the High Court upheld the demand raised. In the Karnataka Rare Earth & Anr v Senior geologist, department of Mines & Geology & Anr (2004) 2 SCC 783, this Court held that the grantees were liable to make good to the State the value of granite excavated by them during the said period.In the instant SLPs, the six petitioners challenged the demand notices to pay the value of the granite excavated and transported by them during 27.08.1993 to 18.01.1996, issued in the light of the observations made by the Division Bench of Karnataka High Court and upheld in appeal by the Supreme Court in Karnataka Rare Earth's case.
Judge	Hon'ble Mr. Justice Aftab Alam
Neutral Citation	2007 INSC 1264
Petitioner	M/s. Oriental Select Granite Pvt. Ltd.
Respondent	State Of Karnataka & Ors.
SCR	[2007] 13 S.C.R. 85
Judgement Date	2007-12-11
Case Number	23678

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