AI Structured Summary
Not yet generated for this judgment
Judgment
Mr.V.G.Bhanuprakash, learned additional government
advocate, accepts notice for all the respondents. Therefore,
formal service of notice to the respondents is dispensed with.
This is a writ petition, in substance, seeking for a
direction to the authorities to execute the lease in favour of
the writ petitioner.
Admittedly, the application for grant of lease was
made prior to the amendment of the Karnataka Minor Mineral
Concession Rules, 2016. Therefore, the endorsement issued
against the writ petitioner was erroneous, inasmuch as the
authorities proceeded on the erroneous assumption that the
petitioner was ineligible.
Mr.Bhanuprakash, learned additional government
advocate, submits that till today, no-objection from the
environment department has not reached the concerned
authorities. It is the responsibility of the authorities to obtain
such clearance as, also, the technical reports, if any.
The concerned authorities are directed to send their
opinion to the authorities of the Mines and Geology
Department within two weeks.
We set aside the endorsement produced as
Annexure-D to the writ petition and direct the authorities to
consider the prayer for execution of the lease deed within four
weeks from the date of communication of this order, subject
to no-objection from the environment department as, also, the
technical report from the departments concerned.
With the aforesaid directions, the writ petition stands
disposed of.
We make no order as to costs.