VIJAYAWADA: Rejecting a petition requesting an order to restrain the State government from auctioning granite mines, the High Court of Andhra Pradesh observed that auctioning would bring more revenue to the government, and that the process would be transparent.
The petitioner, the Federation of Minor Minerals Industries, had earlier made another plea in the court for exempting granite from an amendment that brought some minor minerals which could be auctioned for mining.
The Federation -- and also Srikakulam-based Sai Durga Minerals -- which applied for mining granite in three hectares, challenged the new rule that mandated auctioning for allotting mines. They argued that the new rules were not applicable to granite quarry lessees, and sought an order to prevent the government from auctioning the mines.
‘New rules not in contravention with Central norms’
The petitioners also objected to the new rules on auctioning being made applicable to applications made before the Andhra Pradesh Minor Minerals Convention Rules, 2022, came into force. They argued that the new rules were in violation of Central norms. The court felt that the new rules were not in contravention with the Central government norms.
The court, however, observed that the State’s new rules obliterated the possibility of extending a lease, while the Central rules allowed its renewal. When laws made by the State and Centre contradict each other, only the latter’s laws would be applicable, the court pointed out.
The court further said that the Granite Rules mandated the government to provide evidence for the existence of granite at the place which would be leased, but the new rules had not mentioned that guarantee. The court said if the government acted in violation of the Granite Rules, the aggrieved parties could take legal recourse.
CENTRE FIRST
When Central and State laws contradicted each other, the former’s laws will be applicable. The HC observed that AP’s laws did not permit the extension of quarry lease, while the centre allowed it