IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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.30519 OF 2019 (GM-MM-S) BETWEEN:
SRI JAYARAM SHETTY S/O SHIVARAM SHETTY AGED ABOUT 63 YEARS R/AT SURGOLI, BELVE POST KUNDAPURA TALUKA – 576 201 UDUPI DISTRICT (BY SHRI R.G KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001 2. THE PRINCIPAL SECRETARY TO GOVT., DEPT. OF COMMERCE AND INDUSTRIES VIKAS SOUDHA BANGALORE - 560 001 3. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001 4. THE SENIOR GEOLOGIST AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY ... PETITIONER RAJATADRI, MANIPAL-UDUPI UDUPI-576104 5. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE UDUPI-576104 6. THE DEPUTY CONSERVATOR OF FOREST KUNDAPURA DIVISION OFFICE OF THE DCF KUNDAPURA-576201 7. THE JOINT DIRECTOR AND REVISING AUTHORITY DEPARTMENT OF MINES AND GEOLOGY SOUTHERN ZONE MYSURU-570 023 ... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-4 SENIOR GEOLOGIST TO PASS APPROPRIATE ORDER OF RENEWAL AND/OR DEEMED EXTENSION IN RESPECT OF QUARRY LEASE AT QL NO.333/2011-12 TO EXTRACT ORDINARY BUILDING STONES OVER AN AREA OF 01.20 ACRES, IN GOVT. LAND AT SY.NO.114/2D OF HILIYANA VILLAGE & SY.NO.69/1 OF NANCHARU VILLAGE IN UDUPI TALUKA & DIST., AS PER RENEWAL APPLCIATION DATED 22.04.2015 PRODUCED AT ANENXURE-D AND C RESPECTIVELTY, IN TERMS OF RULE 8-A(4) OF KMMC AMENDMENT RULES 2016 EFFECTIVE FROM 12.08.2016 VALID FOR A PERIOD OF 20 YEARS FROM THE DATE ORIGINAL GRANT VIZ., 27.07.2005 TILL 26.07.2025 EXCLUDING THE LAPSED PERIOD FROM 27.07.2015 TILL PASSING OF SUITABLE RESTORATION ORDER; BY QUASHING OR SETTING ASIDE REJECTION ORDER DATED 15.04.2016 BASED ON THE PROCEEDINGS OF THE MEETING DATED 17.03.2016 & REVISING AUTHORITY'S ORDER DATED 09.01.2017 PRODUCED AT ANNEXURE-A, B AND K RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader, who takes notice for the respondents.
2. On 16th September 2011, a quarrying lease was executed in favour of the petitioner. On 22nd April 2015, the petitioner applied for renewal of the quarrying lease which was earlier granted for a period of five years. On the basis of the recommendations of the District Task Force Committee, by the endorsement dated 15th April 2016, the application for renewal of quarrying lease made by the petitioner was rejected only on the ground that the subject land was coming under the deemed forest list.
3. The petitioner has filed an affidavit explaining the delay and relying upon the orders passed by this Court in identical cases.
4. Considering the nature of the impugned order and the explanation offered in the additional affidavit, this petition cannot be thrown out only on the ground of delay especially when, the impugned endorsement is contrary to the decision of a Division Bench of this Court in the judgment and order dated 12th June 2019 in W.P.No.54476/2016. The application has been thrown out on the ground of existence of deemed forest list.
5. Therefore, this petition will have to be disposed of in terms of the judgment and order dated 12th June 2019 referred above. Accordingly, we pass the following order:
(i) The impugned orders rejecting the application for renewal as well as the order of the Revisional Authority are hereby quashed and set aside;
(ii) We direct that the application made by the petition for renewal of the quarrying lease shall be decided a fresh in the light of the aforesaid judgment and the order dated 12th June 2019;
(iii) Appropriate order shall be passed by the competent authority within a period of two months from today;
(iv) It is made clear that no adjudication is made about the applicability of the Karnataka Minor Mineral Concession Rules, 1994 as amended with effect from 12th August 2016 and all the issues are left open to be decided by the competent authority.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB