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PETITIONER: PALLAVA GRANITES INDUSTRIES INDIA (P) LTD.

       Vs.

RESPONDENT: GOVERNMENT OF ANDHRA PRADESH & ORS.

DATE OF JUDGMENT:       17/03/1997

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          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

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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.