M/S. ORIENTAL SELECT GRANITE PVT. LTD. versus STATE OF KARNATAKA & ORS.

M/S. ORIENTAL SELECT GRANITE PVT. LTD. versus STATE OF KARNATAKA & ORS.

The petitioners, like all other lessees in Alankar Granites, carried on their quarrying operations on the basis of the interim order dated 27.08.1993 passed by Supreme Court. They are fully covered by the decisions in Alankar Granites and Karnataka Rare Earth and liable to make good the value of granite excavated and transported during the relevant period. Reliance on High Court interim orders is untenable as the petitions became infructuous and those orders lost force.

Parties
Petitioner: MIS. Oriental Select Granite Pvt. Ltd.; Respondent: State of Karnataka & Ors.
Jurisdiction
India
Judgment Date
11 December 2007
Procedural Posture
Special Leave Petition (civil) / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Mining Leases, Grant and Renewal of Mining Leases, Karnataka Minor Minerals Concession Rules
Mines and Minerals Administrative Law Mining Leases Grant and Renewal of Mining Leases Karnataka Minor Minerals Concession Rules

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Parties

MIS. Oriental Select Granite Pvt. Ltd.

Petitioner

State of Karnataka & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether lessees are liable to pay the value of granite excavated and transported during a period covered by interim orders after their leases were ultimately struck down by High Court and Supreme Court
  2. 2 Whether lessees can rely on interim orders by High Court for exemption from liability raised under subsequent Supreme Court judgment

Ratio Decidendi

The petitioners, like all other lessees in Alankar Granites, carried on their quarrying operations on the basis of the interim order dated 27.08.1993 passed by Supreme Court. They are fully covered by the decisions in Alankar Granites and Karnataka Rare Earth and liable to make good the value of granite excavated and transported during the relevant period. Reliance on High Court interim orders is untenable as the petitions became infructuous and those orders lost force.

Court Disposition

Petitions dismissed

Orders

  • All Special Leave Petitions are dismissed
  • No order as to costs