C. Sugumar vs The District Collector, The Assistant Director, Mines and Minerals, The Tahsildar and The Inspector of Police

S. Manikumar, J.—The petitioner, claiming himself to be the owner of the land measuring 0.55.0 Hectors of land in S. No. 269/1 in Patta

No. 106 in Konavattam Village, has made a representation dated 6.5.2013 to the Assistant Director, Mines & Minerals, Collectorate,

Sathuvachari, Vellore, to permit him to remove ""Morambu"" and ""Sand"" from the above said patta land. As the representation has not been

disposed, he has filed this Writ Petition for a Mandamus to direct the Assistant Director, Mines & Minerals, Collectorate, Sathuvachari, Vellore, to

permit him to remove the above said minerals, from his patta land. Heard the learned counsel for the petitioner and perused the materials available

on record.

Before adverting to the case of the petitioner, it is useful to refer to certain definitions pertaining to the present case. As per Section 3 of the

Mines and Minerals (Development & Regulation) Act, 1957 -

(a) ""minerals"" includes all minerals except mineral oils.

(e) ""minor minerals"" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other

mineral which the Central Government may, by notification in the Official Gazette, declare to be minor mineral;

(f) ""prescribed"" means prescribed by rules made under the above Act

(g) ""prospecting license"" means a license granted for the purpose of undertaking prospecting operations;

It is also useful to refer to Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957, which reads as follows:-

Power of State Governments to make rules in respect of minor minerals-

(1) The State Government may, by notification in the Official Gazette, make rules for regulating the grant of quarry leases, mining leases or other

mineral concessions in respect of minor minerals and for purposes connected therewith.

(1A) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters,

namely:-

(a) the person by whom and the manner in which, applications for quarry leases, mining leases or other mineral concessions may be made and the

fees to be paid therefore;

(b) the time within which, and the form in which, acknowledgement of the receipt of any such applications may be sent;

(c) the matters which may be considered where applications in respect of the same land are received within the same day;

(d) the terms on which, and the conditions subject to which and the authority by which quarry leases, mining leases or other mineral concessions

may be granted or renewed;

(e) the procedure for obtaining quarry leases, mining leases or other mineral concessions;

(f) the facilities to be afforded by holders of quarry leases, mining leases or other mineral concessions to persons deputed by the Government for

the purpose of undertaking research or training in matters relating to mining operations;

(g) the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time within which and the manner in which these shall be

payable;

(h) the manner in which the rights of third parties may be protected (whether by way of payment of compensation or otherwise) in cases where any

such party is prejudicially affected by reason of any prospecting or mining operations;

(i) the manner in which the rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reasons of any quarrying or

mining operations shall be made in the same area or in any other area selected by the State Government (whether by way of reimbursement of the

cost of rehabilitation or otherwise) by the person holding the quarrying or mining lease;

(j) the manner in which and the conditions subject to which, a quarry lease, mining lease or other mineral concession may be transferred;

(k) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of

passage for water for mining purposes on any land comprised in a quarry or mining lease or other mineral concession;

(l) the form of registers to be maintained under this Act;

(m) the reports and statements to be submitted by holders of quarry or mining leases or other mineral concessions and the authority to which such

reports and statements shall be submitted;

(n) the period within which and the manner in which and the authority to which applications for revision of any order passed by any authority under

these rules may be made, the fees to be paid therefore, and the powers of the revisional authority; and

(o) any other matter which is to be, or may be prescribed.

(2) Until rules are made under sub-section (1), any rules made by a State Government regulating the grant of quarry leases, mining leases or other

mineral concessions in respect of minor minerals which are in force immediately before the commencement of this Act shall continue in force.

(3) The holder of a mining lease or any other mineral concession granted under any rule made under subsection (1) shall pay royalty or dead rent,

whichever is more in respect of minor minerals removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee at the

rate prescribed for the time being in the rules framed by the State Government in respect of minor minerals:

Provided that the State Government shall not enhance the rate of royalty or dead rent in respect of any minor mineral for more than once during

any period of three

In exercise of the powers conferred by Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act LXVII of

1957) [now, the Mines and Minerals (Development and Regulation) Act, 1957], and in supersession of the Tamil Nadu Minor Mineral

Concession Rules, 1956, published at pages 371 387 of Part I Rules Supplement to the Tamil Nadu Government Gazette, dated the 1st August,

1956, the Government of Tamil Nadu framed rules (G.O. No. 3757 Industries, Labour and Co-operation, dated the 24th September, 1959).

Though the rules have come into effect from the said date, the petitioner is stated to have made a representation to remove ""Morambu"" and ""sand

from his patta land, for commercial purpose.

""Morambu"" as defined by the Tamil Lexicon Vol. VI, University of Madras 1982 is as follows:-

The above definition makes it clear that ""Morambu"" means a mound of gravel or stone and that the same falls under the definition of ""stone"" under

the Mines and Minerals (Development & Regulation) Act, 1957.

Rule 17 of the Tamil Nadu Minor Mineral Concession Rules, 1959 states that ""a registered holder may quarry free of charge any minor mineral

on a small scale or his won use for a specific bona fide domestic or agricultural purpose, provided that he has no intention of continuing quarrying

operations indefinitely and provided further that the land is not in any way rendered less fit or cultivation than before.

However, perusal of ground No. ""d"" of the supporting affidavit of the Writ Petition makes it clear that the petitioner intends to use it for other

purposes and therefore, he has sought for issuance of a seignior age permit to remove ""Morambu and ""Sand"" from his patta land. Ground No. ""d

of the supporting affidavit of the Writ Petition is extracted hereunder:

(d) The petitioner states that he is not taking Morabu and sand from any other place except in his Patta Land. The petitioner has got absolute right

to make use of Morambu and Sand from his patta land either for construction of his house or selling the same. The petitioner is not doing any illegal

business. The petitioner filed an application before the 2nd respondent for issue of seignior age permit to lift Morambu and Sand from his land. The

said petition is not considered. Consequently, the petitioner could not do business.

(emphasised)

Though learned counsel for the petitioner has contended that the petitioner has intended to use ""Morambu"" and ""sand"" from his patta land for the

purpose of construction of his house, his grievance at ground No. (d) of the supporting affidavit is to the effect that the second respondent has

failed to issue a seignior age permit for removal of ""Morambu"" and ""sand"". The intention of the petitioner for removal of ""Morambu"" and ""sand"" is

thus manifestly clear that they are intended for commercial purpose.

Insofar as quarrying of ""sand"" is concerned, the Government in G.O. Ms. No. 95, Industries (MMC. 1) Department, dated 01.10.2003,

prohibited ""sand"" quarrying by individuals. The correctness of the said G.O., was tested, by this Court, in State of Tamil Nadu Vs. P.

Krishnamoorthy and Others, and the said G.O. has been sustained. The said decision has been confirmed by the Apex Court in State of Tamil

Nadu and Another Vs. P. Krishnamurthy and Others, . At Paragraph No. 27 of the judgment, the Hon''ble Supreme Court held as follows:

In place of the conditions stipulated by the Division Bench while upholding the validity of Rule 38A, we hold and direct as follows:

(i) That part of Rule 38A which vests the exclusive right to quarry sand, in the State Government, is upheld.

(ii) That part of Rule 38A which purports to terminate quarrying leases/permissions forthwith (from 02.10.2003) is read down in terms of Para 26

above.

(iii) The provisions of Rule 38A for refund of proportionate lease amount for the unexpired period of lease and unadjusted seignior age fee, shall

remain undisturbed.

(iv) It is made clear that except to the limited relief as a consequence of reading down as per para 26 above, the respondents will not be entitled to

any other reliefs which have been granted by the High Court.

(v) Parties to bear their respective costs.

In the light of the decision of the Apex Court stated supra, the question of issuing a Mandamus directing the Assistant Director, Mines &

Minerals, Sathuvachari, Vellore, to issue any permit to remove ""sand"" for commercial purpose does not arise. The prayer is wholly misconceived

and untenable.

Insofar as excavation of ""Morambu"", ""mound of gravel"" as defined in Tamil Lexicon VI, University of Madras, 1982, is concerned, the said

material falls under Rule 18 of the Tamil Nadu Minor Mineral Concession Rules, 1959, which deals with quarrying on large scale or for

commercial purposes. The rule reads thus:-

Quarrying on a large scale or for commercial purposes The quarrying of any mineral on a large scale or for other than bona fide domestic or

agricultural purposes shall be subject to payment of seignior age fee or dead rent whichever is more and are assessment at such rates as may be

specified, from time to time, in Appendix II to these Rules:

Provided that this rule shall not apply to quarrying for Government or on behalf of the Government or bona fide public purposes when the

compensation paid to the registered holder therefore does not exceed the amount required to restore the land to a state fit for cultivation.

As per the above rule, if the petitioner intends to quarry ""Morambu"", then he has to make an application in proper form as prescribed under

the rules to the concerned District Collector. The Assistant Director, Minor Minerals, Sathuvachari, Vellore, is not the competent authority to grant

lease for removal of gravel or stone as per Section 2(e) of the Mines and Minerals (Development & Regulation) Act, 1957. In the absence of

submitting application in the prescribed format to the concerned authority, no direction can be issued against the Assistant Director, Minor

Minerals, Sathuvachari, Vellore, as he is not the competent authority to grant permission. For the reasons stated above, the Writ Petition is

dismissed. No costs.