IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH 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 NOS.9985-9986 OF 2019 (GM-MMS) C/W WRIT PETITION NO.16639/2019 (GM-MMS) IN WRIT PETITION NOS.9985-9986 OF 2019 BETWEEN:
M/S KIOCL LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 2ND BLOCK, KORAMANGALA, BANGALORE-560 034 REP. BY DIRECTOR (PRODUCTION & PROJECTS) ... PETITIONER (BY SRI Y.K. NARAYANA SHARMA, ADV.) AND:
1.STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560 001 2.THE SECRETARY DEPARTMENT OF MINES AND GEOLOGY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA 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 GOVERNMENT OF KARNATAKA FIRST FLOOR, JUGAL TOWERS MALLIKATTE, KADRI MANGALORE-575002 5.THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALORE-575001 6.M/S ROBO SILICON PVT LTD A COMPANY REGISTERED UNDER COMPANIES ACT, AND HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, UPTOWN, BANJARA ROAD, NO.3, BANJARA HILLS, HYDERABAD-500 034 REP BY ITS GENERAL MANAGER 7.SRI. CHANDRASHEKHARA RAO M/S ROBO SILICON PVT LTD., NO.72, JUBILI HILLS, HYDERABAD-500034 ... RESPONDENTS (BY SHRI BHANUPRAKASH V.G. AGA FOR R1 TO R5) THESE WRIT PETITIONS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AND THE QUARRYING LEASE/LICENCE DATED 10.08.2018 PASSED BY THE R-4 AS PER ANNEXURES-J AND K ISSUED BY RESPONDENT-4.
W.P. NO. 16639 OF 2019 BETWEEN:
1.M/S ROBO SILICON LTD REPRESENTED BY SENIOR MANAGER (LEGAL) OFFICE AT BANJARA HILLS ROAD NO.10, DURGA TOWERS 4TH FLOOR, HYDERABAD - 500 034. ... PETITIONER (BY SHRI K.N. PHANINDRA SR. ADV. FOR SHRI S. RAJASHEKAR, ADV.) AND 1.STATE OF KARNATAKA DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001.
2.THE DEPUTY DIRECTOR MINES & GEOLOGY, FIRST FLOOR, JUGAL TOWERS, MALLIKATTA, MANGALORE D.K.DISTRICT - 575 001.
3.KIOCL LIMITED PANNAMBURU, MANGALURU D.K.DISTRICT - 575 002 REP. BY ITS ASSISTANT GENERAL MANAGER ... RESPONDENTS (BY SHRI BHANUPRAKASH V.G. AGA FOR R1 & R2 SHRI Y.K. NARAYANA SHARMA ADV. FOR R.3) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.03.2019 PASSED BY R-2 VIDE ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J, MADE THE FOLLOWING:
ORDER With consent of learned advocates appearing for both the parties, these matters are taken up for final disposal and also a common issue is involved in these matters.
2. M/s Robo Silicon Pvt. Ltd., (‘RSPL’ for short) was granted licence for quarrying building stone in Sy.No.215 of Nellikaru Village, Mangalore Taluk, Dakshina Kannada District on 27.08.2008 for a period of 20 years.
3. It is the case of the Kudremukh Iron Ore Company Ltd. (for short hereinafter referred to as ‘KIOCL’) that the water pipe carrying slurry passes through the said land and quarrying operation undertaken by RSPL near the said pipeline is likely to damage the pipeline. A series of litigations have been fought between RSPL on one side and the State on the other side and also between KIOCL and RSPL.
5. Shri. K.N. Phanindra, learned senior advocate appearing for RSPL submits that the pipeline does not pass through the land in which RSPL has been granted quarrying lease. He further submits that KIOCL filed Miscellaneous Case No.10/2017 before the District Court, Mangaluru seeking an order of injunction against RSPL and the same has been dismissed.
6. On an earlier occasion this Court in W.P.No.
9447/2017 dated 12.12.2017 and W.P. No.10599/2019 dated 21.03.2019 had directed the Deputy Director, Department of Mines and Geology to hear both the parties and decide the issue in controversy.
7. Shri K.N. Phanindra, learned advocate contends that RSPL were heard on 22.03.2019 and KIOCL were heard on 28.03.2019 and orders have been passed canceling quarrying lease granted to RSPL. He further submits that parties have been heard independently on two different dates and this is impermissible in law.
8. Shri Y.K. Narayana Sharma, learned advocate for KIOCL submits that KIOCL were called upon to appear on 28.03.2019 and accordingly appeared.
9. Shri Bhanu Prakash, learned AGA argues in support of the impugned order.
10. We have carefully considered the rival submissions and perused the records.
11. Pursuant to the directions issued by this Court, though Deputy Director, Mines and Geology, Mangaluru has passed impugned order on 26.03.2018, the records disclose that RSPL were heard on 22.03.2019 and KIOCL were heard on 28.03.2019. The dispute is with regard to location of pipeline and it is between RSPL and KIOCL. Therefore parties to the lis ought to have been heard in presence of each other. Admittedly the Deputy Director has heard the parties on different dates. Thus the procedure followed has vitiated the impugned order. In the circumstances, impugned order at Annexure-A dated 28.03.2019 is unsustainable in law and accordingly quashed.
12. The matters are remitted back to the Deputy Director, Mines and Geology, Mangaluru for reconsideration in accordance with law. Both parties shall appear before the Deputy Director, Mines and Geology, Mangaluru on 30.04.2019. The Deputy Director, Mines and Geology, Mangaluru shall hear both the parties and pass appropriate orders insofar as the controversy in issue is concerned, within three weeks therefrom.
13. In the meanwhile, quarrying operation, if any, shall not be undertaken within an area of 200 meters from the pipeline. The Department of Mines and Geology shall issue mineral dispatch permit to RSPL, upon its request.
Accordingly, writ petitions are disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR