IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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.11073 OF 2017 (GM-MM-S) BETWEEN:
M/S. KMC STONE CRUSHER A PARTNERSHIP FIRM HAVING OFFICE AT SURVEY NOS.5/2, 107/2 MANCHAGOWDANA PALYA VILLAGE HOBLI RAMANAGARA TALUK AND DISTRICT – 560 159 REPRESENTED BY ITS AUTHORISED SIGNATORY SRI.S.K.MEERAVALLI S/O SRI KHASIM SAHEB AGED ABOUT 46 YEARS ... PETITIONER (BY SRI D.N.NANJUNDA REDDY, SENIOR ADVOCATE FOR SMT.VANI H., ADVOCATE) AND:
1. DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NEAR IJURU POLICE STATION NORTH EXTENSION RAMANAGARA – 560 159 RAMANAGARA DISTRICT 2. STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY REPRESENTED BY ITS SECRETARY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 3. THE COMPETENT AUTHORITY TASK FORCE COMMITTEE (SINGLE WINDOW) DEPARTMENT OF MINES AND GEOLOGY RAMANAGARA RAMANAGARA – 560 159 ... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AGA) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.03.2017 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-U REFUSING TO RENEW THE QUARRY LEASE APPLICATION FILED BY THE PETITIONER AND ETC.
THIS PETITION COMING ON FOR HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER The petitioner was granted with a quarrying lease to extract ordinary building stone. After expiry of lease, petitioner submitted an application for renewal of the lease on 08.02.2012 and the same was rejected. The petitioner challenged the same in a revision petition. The revisional authority allowed the revision petition on 29.11.2012. However, by the order dated 01.03.2017, the petitioner’s application for renewal has been rejected on the ground that quarry is within the eco-sensitive zone of Vulture Sanctuary. Hence, petitioner has filed this writ petition.
2. Shri D.N.Nanjunda Reddy, learned Senior Advocate for petitioner submits that, as per the notification issued by the Central Government, eco-sensitive zone in respect of Vulture Sanctuary is 1.8 kms. and petitioner’s quarry is situated at a distance of more than 7 kms. from the sanctuary. Accordingly, he submits that the order rejecting renewal of petitioner’s quarrying lease dated 01.03.2017 is unsustainable in law.
3. Shri V.G.Bhanuprakash, learned Additional Government Advocate, in his usual fairness, does not dispute that eco-sensitive zone for a Vulture Sanctuary is 1.8 kms.
4. In the circumstances, in our considered view, order dated 01.03.2017 is unsustainable in law.
5. Shri Nanjunda Reddy, learned Senior Advocate also submits that the State Government has already issued temporary permit to extract building stones pursuant to the order dated 24.12.2018 for a period of two years and prays that pending consideration of renewal application, petitioner may be permitted to operate the quarry based on the temporary work permit.
6. In the circumstances, we pass the following order:
(i) The writ petition is allowed. The order dated 01.03.2017 passed by the Deputy Director, Department of Mines and Geology, Ramanagara (Annexure-U) is quashed.
(ii) The respondents are directed to consider petitioner’s application for renewal of quarrying lease within a period of eight weeks from the date of receipt of copy of this order.
(iii) In the meanwhile, petitioner shall be permitted to continue with the quarrying operations based on temporary permit already granted by the respondents.
7. In view of disposal of this petition, pending interlocutory application does not survive for consideration and it is accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB