IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.57158/2018 (GM-MM-S) BETWEEN B.Y. CHAKRESH S/O B.V. YOGISH 12, JNANA MAHAL COMPOUND RADHAKRISHNA ROAD, S.S.PURAM EXTN.
TUMKUR-572 102 ….PETITIONER (BY SHRI. R.G. KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVT. DEPT. OF COMMERCE & INDUSTRIES BENGALURU-560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 4. THE DEPUTY DIRECTOR (M) & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY GANDHINAGAR, TUMKURU-572 102 5. THE DEPUTY COMMISSIONER CHAIRMAN, DISTRICT TASK FORCE (MINES) COMMITTEE TUMKURU-572 101 6. THE DEPUTY CONSERVATOR OF FORESTS OFFICE OF THE DCF, KUNIGAL ROAD TUMKUR-572 105 7. THE REVISING AUTHORITY & JOINT DIRECTOR SOUTHERN RANGE, MYSURU MYSURU-570 023 ... RESPONDENTS (BY SMT. PRATHIMA HUNSAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER DATED 08.06.2018 PASSED BY R-7 REVISING AUTHORITY, IN REVISION PETITION NO.81/2014 PRODUCED AT ANNEXURE-A AND REJECTION ORDER PASSED BY R-4 DEPUTY DIRECTOR DATED 28.12.2012 PRODUCED AT ANNEXURE-B, REJECTING THE QL APPLICATION DATED 01.07.2010 FILED BY THIS PETITIONER TO EXTRACT ORDINARY BUILDING STONES IN GOVT. KHARAB LAND BEARING SY.NO.22 OF HODEKALLU VILLAGE, TUMKUR TALUKA, TUMKUR DISTRICT, OVER AN AREA OF 04.00 ACRES PRODUCED AT ANNEXURE-D AND ETC.
THIS WRIT PETITION COMING O N FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned Counsel appearing for the petitioner and the learned AGA appearing for the respondents. The matter is taken up for hearing with consent of the parties.
2. By order dated 24/28th December 2012, fourth respondent rejected the application made by the petitioner for grant of building stone quarrying lease over an area of 4 acres in Survey No.22 of Hodekallu village, Tumkur Taluk and District. The rejection is on the ground that the Forest Department informed that the entire survey number is a forest land.
3. Being aggrieved by the said order, the petitioner preferred a revision petition before the revisional authority. Though there was a delay in filing the revision petition, on merits, revision petition was considered and it was observed that as per the report of the Forest Department, entire area of Survey No.22 falls under forest and therefore, prior permission of the Central Government is required in accordance with Section 2 of the Forest Conservation Act, 1980.
4. The learned Counsel appearing for the petitioner relied upon the judgment and order dated 4th February 2014 of a Division Bench of this Court in W.P.No.816/2013 and other connected writ petitions (Smt.K.B.Leelambika Vs. State of Karnataka & others). He pointed out that in terms of the directions issued by the Division Bench of this Court, a survey has been carried out which shows that the land in respect of which lease was claimed by the petitioner is not a forest land. He submits that Annexure-E is the survey carried out in terms of the judgment of the Division Bench.
5. The learned AGA submits that the revision petition was barred by limitation as order dated 24/28th December 2012 was challenged by the petitioner by filing the revision petition on 28th March 2014. Learned AGA submits that revision application was not competent.
6. After having carefully considered the submissions, we find that under judgment and order dated 4th February 2014, a Division Bench of this Court directed a survey to be carried for determining the extent of land out of survey No.22 which could be said to be a forest land. It appears from what is recorded in paragraph No.8 of the said order that the learned AGA assured the Court on instructions of the Chief Conservator of Forest that the survey would be completed within four months. The impugned order proceeds on the footing that entire survey No.22 is a forest land.
7. Now the survey is carried out in terms of the directions of this Court under judgment and order dated 4th February 2014. The very fact that the co-ordinate bench of this Court has directed to ascertain which part of Survey No.22 is a forest land, this Court cannot hold that entire survey No.22 is a forest land. Therefore, in the light of survey carried out in terms of order of the Division Bench, the case of the petitioner will have to be re-considered by the fourth respondent.
8. Accordingly, we pass the following order:
The impugned orders dated 24/28th December 2012 and 8th June 2018 are hereby quashed and set aside. We direct the fourth respondent to consider the application made by the petitioner for grant of building stone quarrying lease on the land which is the subject matter of this petition afresh, in the light of the survey carried out in terms of the judgment and order dated 4th February 2014 and to pass fresh orders within a period of two months from today.
9. The writ petition is partly allowed in the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.