Karnataka High Court
M/S. Puttappa Stone Crushers And M-Sand vs The State Of Karnataka on 11 August, 2023
Bench: Chief Justice, M.G.S. Kamal
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WP No. 10405 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 10405 OF 2023 (GM-MM_S)
BETWEEN:
M/S. PUTTAPPA STONE CRUSHERS AND M-SAND
REPRESENTED BY ITS PROPRIETRIX,
SMT. A. S. PREMA,
W/O. LATE PUTTAPPA,
AGED ABOUT 62 YEARS,
NO. 214, 2ND CROSS,
8TH MAIN ROAD,
MATHIKERE EXTENSION,
BANGALORE NORTH,
BANGALORE-560 054.
Digitally
signed by
RENUKAMBA ...PETITIONER
KG
Location: (BY SRI. LAKAMAPURMATH CHIDANANDAYYA.,ADVOCATE)
High Court of
Karnataka
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE PRINCIPAL SECRETARY
TO THE DEPARTMENT OF INDUSTRIES AND
COMMERCE,
S.S.I. TEXTILES AND MINES,
VIKASA SOUDHA,
BENGALURU-560 001.
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WP No. 10405 of 2023
2. THE STATE OF KARNATAKA
REPRESENTED BY THE ADDITIONAL CHIEF
SECRETARY,
DEPARTMENT OF FOREST,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560 001.
3. THE DEPUTY CONSERVATOR OF FORESTS
MANDYA SUB DIVISION,
DEPARTMENT OF FOREST,
MANDYA DISTRICT,
MANDYA-571 401.
4. THE DISTRICT STONE CRUSHERS LICENSING
AUTHORITY AND REGULATION AUTHORITY
REPRESENTED BY ITS CHAIRMAN,
DEPUTY COMMISSIONER,
MANDYA DISTRICT,
MANDYA-571 401.
5. THE SENIOR GEOLOGIST
THE DEPARTMENT OF MINES AND GEOLOGY AND
THE MEMBER SECRETARY,
VIDYA NAGAR, FIRST CROSS,
MANDYA DISTRICT,
MANDYA-571 401.
...RESPONDENTS
(BY SRI.VIKRAM HUILGOL, AAG FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
i) CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN
NOT SUBMITTING THE REPORT BY THE 3RD RESPONDENT FOR
CONSIDERATION OF THE APPLICATION FOR GRANT OF
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WP No. 10405 of 2023
LICENSE IN TERMS OF THE APPLICATION FILED BY THE
PETITIONER ii) ISSUE AN ORDER, DIRECTION OR WRIT IN THE
NATURE OF MANDAMUS DIRECTING 3RD RESPONDENT TO
SUBMIT THE REPORT ON THE STATUS OF THE LAND KEEPING
IN MIND THE LAW LAID DOWN BY THIS HON'BLE COURT IN
MATTERS OF SRI DHANANJAY AN SRI D. M. DEVEGOWDA VS
STATE OF KARNATAKA AND OTHERS VIDE ANNEXURE-F AND G
RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE., MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner invited our attention to the order passed by the Division Bench of this Court in W.P.No.22283/2022 dated 15.03.2023, a copy of which is placed on record, wherein this Court taking note of its earlier order dated 12.06.2019 passed in W.P.No.54476/2016 c/w W.P.No.51135/2016 in the case of DHANANJAY VS. STATE OF KARNATAKA AND OTHERS, had partly allowed the writ petition.
2. The submission of the learned counsel for the petitioner is that the present petition is also similarly circumstanced as that of the aforesaid writ petitions.
Heard. Perused the records.
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3. Since the subject matter of the present petition is similar to that of the one referred to hereinabove, the present petition is partly allowed.
4. We further direct the concerned competent authority to consider the application at Annexure-H dated 10.10.2022 made by the petitioner in the light of the judgment of this Court in the case of DHANANJAY (SUPRA) and take appropriate decision within a period of two months from the date a copy of the order is produced before the competent Authority.
5. We further make it clear that while considering the application afresh, the concerned Authority will have to consider whether the subject land is "Forest" or "Forest Land"
as laid down in the decision of the Hon'ble Apex Court in the case of T.N.GODAVARMAN THIRUMULKPAD VS. UNION OF INDIA AND OTHERS.-5-
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6. It is needless to further observe that if the concerned Authority finds that the land is a "Forest" or "Forest Land", lease or extension of lease cannot be granted unless the consent of the Central Government is obtained as per Section 2 of the Forest (Conservation) Act, 1980. The decision so taken shall be communicated to the petitioner.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE MN