IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 PRESENT:
THE HON’BLE Mr. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON'BLE Mr. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.40586 OF 2018 (GM-MM-S) BETWEEN:
BHYRAPPA S/O CHIKKAPPA REDDY, AGED ABOUT 50 YEARS, R/AT GANDHAM NAGENAHALLI VILLAGE, CHENDUR POST, SOMENAHALLI HOBLI, GUDIBANDE TALUKA - 561 209, CHIKKABALLAPURA DISTRICT. ...PETITIONER (By Sri R.G.KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001.
3. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. THE SENIOR GEOLOGIST (MINES) AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPUR DISTRICT-562 101.
5. THE DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT TASK FORCE (MINES) COMMITTEE, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPUR DISTRICT-562 101.
...RESPONDENTS (By Sri VIKRAM HUILGOL, HCGP) THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 SENIOR GEOLOGIST & COMPETENT AUTHORITY, TO GRANT AND EXECUTE A QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONE IN GOVERNMENT LAND BEARING SY.NO.54 OF DHUMAKUNTAHALLI VILLAGE, GUDIBANDE TALUKA, CHIKKABALLAPUR DISTRICT, OVER AN AREA OF 04.00 ACRES, PURSUANT TO A QUARRY LEASE APPLICATION DATED 01.02.2006 PRODUCED AT ANNEXURE-B, BY QUASHING OR SETTING ASIDE THE ENDORSEMENT DATED 27.10.2017 PRODUCED AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
O R D E R Petitioner submitted an application for grant of Quarrying Lease in respect of Ordinary Building Stone in Sy.No.54 of Dhumakuntahalli Village, Gudibande Taluka, Chikkaballapura District. By endorsement dated October 27th 2017, petitioner’s application has been rejected. Hence, this writ petition.
2. Sri.R.G.Kolle, learned Advocate for the petitioner drawing our attention to Annexure – ‘C’, a Joint Inspection Report duly signed by the Senior Geologist and the Assistant Commissioner and ‘No Objection’ given by the Deputy Conservator of Forests dated 30.07.2015 as per Annexure – ‘D’, submits that as Annexure- ‘A’ is contrary to the report of Deputy Conservator of Forests inasmuch as the reason for rejection mentioned in the order is that land in question falls within the deemed forest area, which is contrary to the No objection Certificate furnished by the Deputy Conservator of Forests. Accordingly, he pleads to allow the writ petition.
3. Sri.Vikram Huilgol, learned High Court Government Pleader argues in support of the endorsement rejecting petitioner’s application.
4. We have perused the records as well as the communication dated 30.07.2015 addressed to the Senior Geologist, in which the Deputy Conservator of Forests has clearly conveyed his ‘No Objection’ for grant of Quarrying Lease. In the circumstances, Sri.R.G.Kolle is right in his submission that endorsement dated 27.10.2017 (Annexure – ‘A’) runs counter to the recommendation made by the Forest Authority. In the Circumstances, Annexure – ‘A’ is unsustainable in law.
5. Accordingly, this writ petition is allowed. The endorsement dated 27.10.2017 as at Annexure – ‘A’ is set aside and respondents are directed to reconsider petitioner’s application in accordance with law based on the clearances already received, within a period of Eight weeks from the date of receipt of a copy of this order.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE DH