AIR 1990 KARNATAKA 97

Karnataka High Court

Hon'ble Judge(s): S. G. Doddakale Gowda , J

Constitution of India , Art.246, Art.254, Sch.VII List I Entry 54, Sch.VII List III Entry 23— Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.4, S.4A, S.15— Karnataka Minor Mineral Concession Rules (1969) , R.3, R.3A— Quarrying of minor minerals like black and pink granite - Pattadars in erstwhile Mysore State and Kollegal Taluk which became part of Mysore district - They have no right to quarry said minor minerals in their land. Mysore Land Revenue Code (1888) , S.38 Proviso— Karnataka Land Revenue Act (12 of 1964) , S.202— General Clauses Act (10 of 1897) , S.6— Pattadars in the erstwhile State of Mysore and in Kollegal Taluk which has become part of Mysore district on reorganisation do not have absolute right to win minor minerals. Their right to excavate minor minerals can only be in accordance with the provisions of the Act and the Rules. Hence, they cannot claim right to quarry black or pink granite in their land as such quarrying by private persons is prohibited under the rules. In this connection, it cannot be said by relying on the proviso to S.38 of the Mysore Land Revenue Code which exempted lime stone granite and such other ordinary minerals as the State Government may notify from time to time and Madras Board Standing Order that their vested right to quarry these minor minerals remain unimpaired. As soon as th....