Natural resources are public property; cannot be distributed if it is detrimental to the public interest.
In the case of Plakkattu Granite Industries (P) Ltd v. The state of Kerala, the court found that natural resources are considered public property and that the state is only authorized to distribute them if it is ensured that such a distribution of these natural resources does not occur the public interest is disadvantageous for them. In addition, the court ruled that the authorities are not expected to grant or renew a quarry lease to the person who already owes the amounts to the government. This can also be followed if there is no express prohibition on granting a rental agreement in such situations.
Facts of the case
The petitioner submits a written petition to the High Court of Kerala in which he has been requested by the authorities to submit proposals for Rs 5.68 billion due for the payment of granite stones, which the petitioner issued were mined beyond the borders of the country without authorization, complained about which they have secured the quarry lease. The first request was published in 2000, but due to one complication or another, the amount could only be recovered in 2018.
Opinion of the Court of Justice
The court found that even if the rules to extend an existing quarry lease or to grant a new quarry lease in favor of the party owed the amounts to the government, there is no prohibition and even if such realization of fees is prohibited Due to the court’s interlocutory order, the competent authority is not expected to grant such grants without insisting on recovery of the payment of the fees for granting the renewed or new lease. We also asked the government to consider appropriate measures to prevent such occurrence in the future by introducing the appropriate changes to the Rules of Procedure.
Since the natural resource is public property, the court referred to the rulings in State (NCT of Delhi) v. Sanjay and Kasturi Lal Lakshmi Reddy v State of Jammu and Kashmir and Ors. It was thus established that no part of the natural resources can be mined for private use and that every piece of the natural resources expended must bring back the mutual consideration of the state.