- (1.) The grant of 203 leases for quarrying granites in Government land under Rule 3 of the Karnataka Minor Mineral Concession Rules, 1969, contrary to the prohibition contained in R. 3-A was challenged in the Karnataka High Court in public interest litigation. The writ petitions were allowed by the learned single Judge and all the grants were quashed. Writ appeals were dismissed by a Division Bench of the High Court. The unsuccessful lessees came up to this Court and by judgment dated January 18, 1996 (Alankar Granites Industries and others v. P. G. R. Scindia, MLA and others (1996) 7 SCC 416) this Court directed the appeals to be dismissed by holding that the grants of leases were made against the prohibition contained in R. 3-A and were rightly held by the High Court to be invalid.
(2.) The appellants before us were holding two quarry leases and were amongst the appellants in this Court in the appeals by special leave referred to hereinabove. On 19-11-1993, by an interim order, the Court directed that the renewals or existing grants in favour of the appellants would continue till the next date of hearing. On 21-11-1993, the Court modified the previous order by extending its operation 'to continue till further orders of the Court.' The appellants brought to the notice of the Court that in spite of the previous interim order the appellants were not issued transport permits with the result that the renewal or grant of leases was of no avail to them as they were not able to remove the minerals quarried by them. In the opinion of the Court such action of the respondents resulted in frustrating the interim orders. It was clarified that the appellants in whose favour interim orders were granted, should be granted transport permits also by the appropriate authority on payment of royalty and complying with the rules. On 18-1-1996, the appeals came to be dismissed as already stated.
(3.) According to the appellants they had operated the quarries and transported several granite blocks on the strength of the order passed by this Court. They had paid the prescribed royalty and exported the granite blocks. The quarrying had taken place during the pendency of the appeals and the export had taken place on 24-1-1996 as the dismissal of the appeals on 18-1-1996 at Delhi did not come to the notice of the appellants or the authorities of the State at Karnataka until after the granite blocks had already been exported. On 14/15-2-1996, the State of Karnataka issued an order calling upon the appellants to pay the price of the granite blocks calculated at the minimum rate per unit volume of minor mineral. The appellants filed writ petitions in the High Court laying challenge to the impugned action of the respondents proposing to recover the price of the granite blocks which were already exported. The writ petitions were dismissed. Feeling aggrieved the appellants have filed these appeals by special leave.;