Karnataka High Court
Nanjappa Bovi vs State Of Karnataka on 30 July, 2018
Equivalent citations: AIRONLINE 2018 KAR 684
Bench: Chief Justice, R Devdas
W.P.No.63459/2016
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE R. DEVDAS
WRIT PETITION NO.63459 OF 2016 (GM-MM-S)
BETWEEN:
NANJAPPA BOVI
S/O LATE VENKATAPPA,
AGED 42 YEARS,
R/AT NO.1702,
SHIVANAPALYA MAIN ROAD,
NEAR HOYSALA CIRCLE,
K.S. TOWN,
BANGALORE-60
... PETITIONER
(BY SRI KARUMBAIAH T A, ADV.)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF MINES AND GEOLOGY,
M.S.BUILDING,
DR. B.R.AMBEDKAR ROAD,
BANGALORE-1
REP BY SECRETARY
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE-560001
W.P.No.63459/2016
-2-
3. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
GANDHINAGAR,
TUMKUR-572102
4. THE DEPUTY COMMISSIONER
TUMKUR DISTRICT,
TUMKUR-572102
5. THE ASST. COMMISSIONER
TUMKUR SUB DIVISION,
TUMKUR-572102
6. THE TAHSILDAR
KUNIGAL TALUK,
TUMKUR DISTRICT-572102
...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 ANNEXURE-D THE ORDER NO.MNGE/UNT/KGA-
103/2014-15/6651 DTD: 06.03.2015 & ALSO ANNEXURE-C THE
REPORT DTD. 16.02.2015 BEARING NO.INDCR 68-69/13-14
SUBMITTED BY THE R-3 & ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, CHIEF JUSTICE MADE THE
FOLLOWING:
W.P.No.63459/2016
-3-
ORDER
Having heard learned counsel for the parties and having perused the material placed on record, it appears appropriate to dispose of this petition at this stage itself.
Shorn of unnecessary details, the relevant background aspects of the matter are that the application made by the petitioner for grant of licence for mining of building stones in Sy.No.58 of Y.G. Pura Village, Kunigal Taluk, Tumkur District, came to be rejected by the impugned order dated 06.03.2015.
The impugned order, a short one, reads in its entirety as under: (as per the translation supplied by learned counsel for the petitioner) "Sri.. Nanjappa Bovi on his application requesting for grant of lease for mining building sone in an extent of 10.00 acres in Sy.No.58 of Y.G. Pura village, Kunigal Taluk, Tumkur District, after considering found in RTC that requested for lease area is a gomal land. With this a letter was written to Asst. Commissioner to have his opinion to grant of lease as per reference No.(2) letter the Asst. Commissioner, Tumkur has stated that the villagers have objected seriously for mining in Sy.No.58 of Y.G. Pura village, Kengeri taluk and further stated that the villagers objected in the disputed area of mining lease is given it would affect 7 fold fort of Nadaprabhu Kempegowda, and it may damage the historial famous Sri. W.P.No.63459/2016 -4- Shankareshwara Temple 4 millennium old situated in Hathri Bella and further due to the said mining all small holding lands crops, estates and wild animals, tigers, bear, peacock, then fertilization will be lost and also there may be problem for fodder for cows. Hence as the villagers have given serious objection for granting mining lease he has opined that he cannot give no objection certificate for stone mining in the said area and as per Ref. No 3 the Deputy Commissioner Officer stated that by using bomb to blast stone it would damage wild animals therefore, without using any blasting materials with human effort if they are mining subject to that condition no objection can be given, but in the said mining cannot be done only through human effort and also as per Ref.4. As per the order of Deputy Commissioner as there is serious objections from the local people as it would affect the historical forts and the nature after considering all these it is not possible to grant lease for mining in the said area he has ordered to reject the application. After considering all these above opinions has rejected the application as per Rule 28 of Karnataka Mines Mineral Concession Rule 1994."
It is apparent on the face of the record that the said order is lacking in the material particulars and the consideration of the submissions of the petitioner. Though the so-called objections as regards likely damage to the historical fort are indicated, but then, the distance of the said structure from the area applied for is not stated. Even as W.P.No.63459/2016 -5- regards the forest and wild life, the observations are cursory in nature and are bereft of the relevant particulars.
It remains trite and as the fundamental principle of natural justice that such an order ought to be informed by reasons; and the reasons ought to be clearly reflected in the order. That being not so, the impugned order cannot be sustained and the matter deserves to be restored to the file of the Deputy Director concerned for reconsideration in accordance with law. For the purpose, the petitioner may also be extended an opportunity of hearing.
Accordingly, this petition is allowed to the extent and in the manner indicated. The impugned order dated 06.03.2015 is set aside and the matter is restored to the file of the Deputy Director, Mines and Geology, Tumkur, for reconsideration and disposal, in accordance with law and by way of a speaking order after extending an opportunity of hearing to the petitioner.
The petitioner may appear before the concerned Deputy Director, in the first place, on 20.08.2018.
W.P.No.63459/2016 -6-It shall be expected of the authority concerned to take a final decision in the matter in accordance with law and expeditiously, preferably within 60 days of the date of appearance of the petitioner.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE ca