IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF OCTOBER, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.44234 OF 2017 (GM-MM-S) BETWEEN:
M/S. GOD GRANITES QUARRY OWNERS AND GRANITE EXPORTERS SHIVA SHAKTHI, NO.255 KANAKAPURA MAIN ROAD 7TH BLOCK, JAYANAGAR BANGALORE – 560 070 REPRESENTED BY ITS MANAGING PARTNER SRI.B.VENKATESH ... PETITIONER (BY SRI.SATEESH M.DODDAMANI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE & INDUSTRIES VIKASASOUDHA BANGALORE – 560 001 REPRESENTED BY ITS SECRETARY 2. THE COMMITTEE CONSTITUTED UNDER RULE 11 OF THE KARNATAKA MINOR MINERAL CONCESSION RULES, 1994 REPRESENTED BY ITS SECRETARY KHANIJA BHAVAN RACE COURSE ROAD BANGALORE – 560 001 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY GOVERNMENT OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD BANGALORE – 560 001 4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANAKAPURA RAMANAGARA DISTRICT RAMANAGARA – 571 511 ... RESPONDENTS (BY SRI.V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) - - -
This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent No.3 to consider the application of the petitioner dated 8.11.2010 for grant of quarry lease in respect of Sy. No.21 of Nelemale Village, Ramanagara taluk and district to an extent of 10 acres vide Annexure-B, and etc., This petition coming on for preliminary hearing this day, THE CHIEF JUSTICE made the following:
ORDER Issue notice.
Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for the respondents. Therefore, formal service of notice to them is dispensed with.
2. The writ petitioner is aggrieved as their application for grant of quarrying lease dated November 8, 2010, in relation to survey No.21 of Nelamale Village, Ramanagara Taluk and District, has not yet been considered by the authorities.
3. We, therefore, dispose of the writ petition by directing the Deputy Commissioner, who has been the Chairman of the Committee constituted under Rule 11 of the Karnataka Minor Minerals Concession Rules, 1994, to convene a meeting of the said Committee and consider the application of the writ petitioner for grant of quarrying lease and, thereafter, the decision of the Committee shall be communicated to the authorities concerned.
4. If a favourable decision is communicated, the authorities shall consider and dispose of the application of the writ petitioner within four weeks from the date of communication of the decision of the Rule 11 Committee.
5. We trust and hope that before the meeting of the Rule 11 Committee, the Deputy Commissioner shall collect the revenue clearance, technical clearance and forest clearance. If those clearances are sought for, the said authorities must communicate the clearances, immediately.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV