IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 30074 OF 2017 (GM-MM-S) BETWEEN M/s MNR ENTERPRISES A FIRM OF PARTNERSHIP- REP.BY PARTNER-M.N.RAM, NO.65/62,TEENA NILAYA, OPPOSITE THOMAS SCHOOL, MARUTHI LAYOUT,B H ROAD, NELAMANGALA POST-562 123 BENGALURU RURAL DISTRICT.
(BY SRI 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., ... PETITIONER DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN,RACE COURSE ROAD, BENGALURU-560 001 4. THE DEPUTY DIRECTOR & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY, GANDHI NAGAR, TUMAKURU-572 102 5. THE DEPUTY COMMISSIONER & CHAIRMAN TUMAKURU DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY & DISTRICT TASK FORCE (MINES) COMMITTEE, TUMAKURU-572 102 6. THE DEPUTY CONSERVATOR OF FOREST TUMKURU DIVISION, OFFICE OF THE DCF, TUMAKURU-572 102.
... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, ADDL. GOVT.ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 DEPUTY DIRECTOR TO EXECUTE A QUARRY LEASE DEED FORTHWITH PURSUANT TO A GRANT NOTIFICATION DTD:22.9.2016 ISSUED BY HIM AS THE COMPETENT AUTHORITY, PRODUCED AT ANNEXURE-A TO EXTRACT ORDINARY BUILDING STONES, OVER AN AREA OF 04.00 ACRES IN GOVT. LAND BEARING SY NO.98 OF PEMMADEVARAHALLI VILLAGE IN KORATAGERE TALUKA, KASABA HOBLI TUMAKURU DISTRICT FOR A PERIOD OF 20 YEARS IN TERMS OF NEW AMENDMENT CARRIED OUT TO KMMC RULES EFFECTIVE FROM 12.8.2016, AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The petitioner is aggrieved as, although on September 22, 2016, a grant notification was issued in his favour for quarrying lease for extraction of ordinary building stone over an area of four acres in the Government kharab land bearing Survey No.98 of Pemmadevarahalli village, Koratagere Taluk, Tumakuru District, but the authorities have not yet issued a formal lease deed in his favour.
2. Mr.V.G.Bhanuprakash, learned additional government advocate, produces in court a Government Gazette containing the notification dated January 16, 2016, issued by the Forest, Environment and Ecology Secretariat, to argue that the entire Madhugiri Taluk has been declared as a reserve forest.
3. Our reading of the notification is, however, different. Certain specified areas were declared to be included in the Thimmalapura Wildlife Sanctuary of Madhugiri Taluk. Admittedly, the area in relation to which the writ petitioner got the grant order for lease, is not included in the forest area.
4. Therefore, we direct the Government to reconsider the prayer of the writ petitioner for granting mining lease in relation to the grant order dated September 22, 2016, within six weeks from the date of communication of this order.
5. The writ petition stands allowed.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*