Pallava Granites Industries India (P)
Ltd. Vs. Government of Andhra Pradesh & Ors [1997] INSC 299 (17 March 1997)
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
O R D E R
These special leave petitions arise from the
judgment of the Division Bench of the Andhra Pradesh High Court, made on
11.11.1996 in Writ Appeal No. 1196/96 and Writ Petition No. 19865/96. The
petitioner had applied for grant of a lease of land from owners thereof,
respondents 4-7 on August 22, 1991 for a period of 15 years to win over black granite
over an extent of 12.08 acres of land in S.Nos. 105/1, 2, 3, of R.I. Puram
village, Chimakkurthy Manal, Prakasam district in Andhra Pradesh. The Director
granted the mining lease for six months on August 11, 1994, pending further
proceedings.
Aggrieved thereby, the respondent-owners
filed Writ Petition No. 15615/94 challenging the grant of lease without their
consent. The writ petition was disposed of on 7.10.1994 with a direction that
the lease could be granted only with consent of the respondent-owners. However,
without obtaining their consent, lease was executed on January 5, 1995 for 15
years. Notice was issued by the respondent-landlords on January 5, 1996
requesting the petitioner-lessee to handover the land by July 7, 1996 after the
expiry of the initial lease. Thereafter there was exchange of the notice etc.
and the petitioner filed a writ petition and the High Court directed the
authorities to extend to period of lease in terms of the lease granted by the
Industries and Mining Department. W.P. No. 13147/96 was disposed of with a
direction to the Industries to dispose of the application in accordance with
the Rules applicable to them within eight weeks. The order dismissing the writ
petition came to be passed on July 10, 1996. The Director granted mining lease
again on August 28, 1996. Writ Petition No. 13147/96 was dismissed on the
ground of res judicata. Writ petition No.19865/96 filed by the petitioner to
grant mining lease without reference to the consent of the landlords was
dismissed on 19.9.1996. Writ appeal No. 1191/96 was filed by the petitioner
against the order dated 23.8.1996 in Writ Petition No. 13147/96. Both came to
be dismissed by the Division Bench. Thus, this special leave petition.
The primary contention raised before us by
Shri Soli J.Sorabjee, learned senior counsel, is that there was an earlier
judgment of the High Court wherein it was held that there was no need to obtain
the consent of the landlords before grant of mining lease and, therefore, the
direction issued by the Division Bench of the ground of the prevailing practice
is not correct in law.
We find no force in the contention. The right
to excavate the mines from the land of private owner is based o the agreement;
unless the lessor gives his consent, no lessee has a right to enter upon his
land and carry on mining operation. The right to grant mining lease to excavate
the mines beneath the surface is subject to the agreement of the land owners,
Therefore, with a view to ensure that there will not be any obstruction in
working of the mining lease and also for the peaceful operation to the
excavation of the mines, insistence on the consent of the landlord is
necessary. Therefore, we do into find any illegality in the view taken by the
High Court warranting interference.
The special leave petitions are accordingly
dismissed.
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