SC slaps Rs 25K cost on state for late appeal against mining lease

 The Supreme Court has imposed a cost of Rs 25,000 on the Karnataka government for about two years' delay in appealing against an order passed by the high court to give mining lease to a private miner.

A bench of Justices Madan B Lokur and Deepak Gupta agreed to examine a special leave petition filed by Karnataka and condoned the delay subject to the deposit of the cost with the Supreme Court Legal Services Committee for juvenile justice issues.

As Additional Advocate General Devadutt Kamat agreed to the condition, the bench stayed the order passed by the high court on September 21, 2015, for execution of the manganese and iron ore mining lease deed over an area of 60 hectares in favour of Prema Chennappa.

The court issued a notice to Chennappa despite her counsel, senior advocate Shekhar Naphade, opposing it and justifying the order of the high court.

Acting on a writ petition filed by Chennappa, a resident of Davanagere, the high court had noted that the state government had proposed, by a notification of 2008, to grant the lease to the petitioner in Hombalaghatta, Hosahalli and Gollarahalli villages of Chikkanayakanahalli taluk in Tumakuru district for 50 years.

"Under Rule 31 of the Mining Concession Rules, 1960, it is incumbent upon the authorities to execute a lease deed within six months of the date of notification. Unfortunately, the authorities have yet not executed the lease deed," the high court had said.

The high court had given six weeks to the state for the purpose subject to clearances under the Forest Conservation Act, 1980.