Short Term Permit For Extraction Of Minor Minerals Can Be Granted On Application Made To Competent Authority, Public Auction Not Required

Case: Shrikrupa Stone Crusher v State of Maharashtra and ors.

Coram: Justices A.S. Chandurkar and M.S. Jawalkar

Case No.: Writ Petition No. 4588/2019

Court Observation: “it was not the intention of the State that short term permit for minor minerals should be granted by way of public auction. The mode of granting such permit on an application made has been retained.”

“On a plain reading of the aforesaid Rules, it is obvious that the procedure for grant of quarry lease under Rule 9 as amended is distinct from the procedure for grant of short term permit under Rule 59. The Forms prescribed under the Rules of 2013 are also distinct. Moreover, Rule 59(1) states that “notwithstanding anything contained in the foregoing rules,…….” Rule 59 (1) thus is intended to operate notwithstanding anything contained in the foregoing rules including Rule 9,”

“Having found that short term quarry permit under Rule 59(1) of the Rules of 2013 can be granted on an application being made to the Competent Authority, we find that the application made by the petitioners herein are not in accordance with Form P. Rule 61(1) of the Rules of 2013 prescribes the nature of application to be made for grant of quarry permits and therefore if the petitioners seek quarry permit they would be required to apply as per the provisions of Rule 61(1) of the Rules of 2013 and Form P thereof. However rejection of the application as made by the petitioners is for the reason that grant of quarry permits has to be as per public auction which reason has been found to be incorrect. Incidentally, we may observe that holding of public auction would always be preferable than any grant being made on the basis of an application. However, for that purpose there ought to be some statutory provision in that regard which is however absent in Rule 59 of the Rules of 2013.”

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Keywords

Extraction ,Minor Minerals