IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 55055/2018 (GM-MM-S) BETWEEN:
M/S KARAVAN PRIVATE LIMITED HAVING ITS OFFICE AT 16TH CROSS 2ND MAIN, VINODNAGAR DAVANAGERE DISTRIECT DAVANAGERE-577 001 REP. BY ITS M.D. SURAJ NAIK (BY SHRI SATISH M. DODDAMANI, ADVOCATE) AND:
... PETITIONER 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES & COMMERCE VIKASA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560 001 REP. BY ITS SECRETARY 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN 5TH FLOOR, RACE COURSE ROAD BANGALORE-560 001 3. THE SENIOR GEOLOGIST DAVANAGERE SUB DIVISION DAVANAGERE TALUK DAVANAGERE DISTRICT-577 001 4. THE THASILDAR DAVANAGERE TALUK OFFICE OF THE THASILDAR DAVANAGERE DISTRICT DAVANAGERE-577 001 (BY SRI VIKRAM HUILGOL, HCGP) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 20.08.2015 PASSED BY THE RESPONDENT NO.3, VIDE ANNEXUER-D AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondents.
2. An application was made by the petitioner for grant of quarrying lease in respect of karab land measuring 9 acres out of the total extent of 26.08 acres in Sy.No.141, Hebbalu village, Davanagere taluk. The Deputy Conservator of Forest submitted no objection by the letter dated 14th May 2015. Initially, the Tahsildar declined to grant no objection but subsequently, by the letter dated 25th July 2016, the Tahsildar informed the Senior Geologist that NOC can be granted restricted to an area of 6.32 acres.
3. In the objections filed by the respondents, it is accepted in terms of the report of the Tahsildar that an area of 6.32 acres was free and available. The learned counsel appearing for the petitioner states that he is confining his prayer for grant of quarrying lease only to the extent of 6.32 acres.
4. Thus, it can be seen that on 25th July 2016, the case of the petitioner for grant of NOC to the extent of 6.32 acres could have been considered. However, the same has not been considered. In this petition, there is a challenge to the order dated 20th August 2015 which was passed on the basis of the earlier report submitted by the Tahsildar on 29th July 2015.
5. By virtue of the subsequent letter dated 25th July 2016, as on that date, there was NOC granted by the Tahsildar to the extent of 6.32 acres. If this NOC is taken into consideration, the question is whether as on 20th August 2015, the case of the petitioner was covered by any of the clauses (a) to (d) and (d1) of sub-rule (2) of Rule 8-B of the Karnataka Minor Mineral Concession Rules, 1994 (for short ‘the said Rules’). To that extent, the case of the petitioner will have to be reconsidered. While we say so, we have made no adjudication on the interpretation which may be put to clause (e) of sub-rule (2) of Rule 8-B of the said Rules.
6. Accordingly, we pass the following order:
(i) The impugned order dated 20th August 2015 is hereby quashed and set aside;
(ii) We direct the concerned Authority to re- examine the case of the petitioner in the light of the no objection letter dated 14th May 2015 issued by the Deputy Conservator of Forest and the letter dated 25th July 2016 issued by the jurisdictional Tahsildar in the context of the applicability of any of the clauses (a) to (d) and (d1) of sub-rule (2) of Rule 8-B of the said Rules;
(iii) An appropriate fresh order shall be passed within three months from today;
(iv) We make it clear that we have made no adjudication on the effect of clause (e) of sub- rule (2) of Rule 8-B of the said Rules;
(v) Accordingly, the petition is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN