IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 27th day of July, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR WRIT PETITION No.22911 OF 2017 (GM-MM-S) BETWEEN:
M/s.K.S.GRANITES REPRESENTED BY V.SRINIVAS S/O.VENKATESH GOVINDARAJU AGED ABOUT 35 YEARS BUSINESS, R/O.SHOP No.4 KAMAKSHI PLAZA, ASHOKA ROAD SAGAR-577 401 SHIVAMOGGA DISTRICT ...PETITIONER (BY SHRI.R.G.KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001 3. THE DIRECTOR & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 4. CHAIRMAN & ADDITIONAL CHIEF SECRETARY KMMC RULE 11 COMMITTEE VIDHAN SOUDHA BENGALURU-560 001 5. THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE DC OFFICE COMPOUND HASSAN-5 …RESPONDENTS (BY SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-5 TO COMMUNICATE TO THE R-3 TO IMMEDIATELY PROCESS QUARRYING LEASE APPLILCATION DTD.20.1.2016 VIDE ANNEXURE-C, FOR DEEMING TO HAVE RECEIVED (i) REVENUE NOC (ii) FOREST NOC (iii) TECHNICAL REPORT, THEREBY IMMEDIATELY GRANT CONDITIONAL QUARRYING LEASE TO EXTRACT PINK GRANITE OVER AN AREA OF 25.00 ACRES IN SY.NO.38 OF KENCHENAHALLI VILLAGE, BANAVAR HOBLI, ARASIKERE TALUKA, HASSAN DISTRICT, FOR A PERIOD OF 30 YEARS, IN TERMS OF NEWLY AMENDED RULES 8 (6) EFFECTIVE FROM 12.8.2016 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R This writ petition is filed challenging the endorsement dated March 16, 2017.
2. The petitioner made an application for grant of quarrying lease to extract pink granite building stone over an area of 25 acres in Survey No.38 of Kenchenahalli village, Arasikere taluk, Hassan District. The request of the petitioner was rejected on the assumption that the application was barred under the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 (for short ‘the said Rules’).
3. The application was filed on January 20, 2016, that is, before coming into operation of the amended provisions of the said rules. Therefore, the presumption on which the prayer was rejected is wrong.
4. Accordingly, the endorsement dated March 16, 2017, is set aside. The authorities are directed to reconsider the application of the petitioner within four weeks from the date of communication of this order.
5. The writ petition stands disposed of.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.