SARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the constitutional validity of the Andaman and Nicobar Islands Minor Minerals Rules, 2012. The petitioner has also challenged the legality and validity of the notification dated September 17, 2012 issued under Article 239 of the Constitution of India for exercise of the power and discharge of the functions by the Lieutenant Governor, Andaman and Nicobar Islands under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957.

(2.) THE petitioner is a permanent resident of Aberdeen Bazar, Port Blair, South Andaman District, Andaman and Nicobar Islands. About 17 years ago, the petitioner started quarry business on the basis of the permission granted by the Deputy Commissioner, Port Blair in terms of Regulation 201 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 (hereinafter referred to as the Regulation of 1966). The petitioner established a small stone crusher unit for converting the boulder obtained from stone quarries to a particular size as per the requirement of the people for construction purpose. The said unit of stone crusher of the petitioner was registered as tiny industry with the District Industries Centre, Andaman and Nicobar Administration, Port Blair.

(3.) THE petitioner was running the said stone crusher unit on the basis of renewal of quarry permit by the Deputy Commissioner, South Andaman till June 30, 2012. In the month of April, 2012 the Deputy Commissioner, South Andaman published a notice that the quarry would be auctioned. The quarry permit of the petitioner was not renewed after the month of June, 2012. On October 26, 2012 the petitioner submitted an application before the Deputy Commissioner, South Andaman requesting him to renew the quarry permit of the petitioner. However, on May 24, 2012 the Assistant Secretary (Revenue), Andaman and Nicobar Administration published a notice in the website of the Administration asking for suggestion/objection, if any with regard to the draft Andaman and Nicobar Islands Minor Minerals Rules, 2012 within a period of 30 days from the date of publication of the notice. According to the petitioner, many people sent objection/suggestion to the Assistant Secretary (Revenue), pointing out why the Administration cannot frame Rules under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957. The Andaman and Nicobar Quarry Materials and Contractors and Workers Association and Others preferred writ application bearing no.W.P.24412(W) of 2013 before the High Court at Calcutta, which was disposed of on November 12, 2012 by the High Court with direction to the Deputy Commissioner, South Andaman to hear the petitioner and to pass a reasoned order in the matter of renewal of quarry permit in respect of the persons engaged in the said business for last two/three decades. The Deputy Commissioner, South Andaman District passed reasoned order on November 19, 2012 by rejecting the contention of the writ petitioner. In the meantime the Andaman and Nicobar Administration published Andaman and Nicobar Islands Minor Minerals Rules, 2012 (in short the M. M. Rules, 2012) by way of Gazette Notification dated September 20, 2012.