Karnataka High Court
Sri. Naveenchandra Jain vs The State Of Karnataka on 20 November, 2020
Bench: Chief Justice, S Vishwajith Shetty
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2020
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NOS.9750 OF 2020, 9751 OF 2020, 9752 OF 2020,
11404 OF 2020 AND 11406 OF 2020 (GM-MM-S)
IN WRIT PETITION NO. 9750 OF 2020
BETWEEN:
SRI. NAVEENCHANDRA JAIN
S/O SRI. ANANTHARAJ MUDYA
AGED ABOUT 41 YEARS
R/AT PADUMANE
NITTE VILLAGE, KARKALA TALUK
UDUPI DISTRICT - 574 101
... PETITIONER
(BY SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SRI GIRISH M.K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF COMMERCE
AND INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
NO. 49, RACE COURSE ROAD
KHANIJA BHAVANA
BENGALURU - 560001
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3. DISTRICT STONE CRUSHER LICENSING AND
REGULATION AUTHORITY
RAJATHADRI, UDUPI - 576104
REP. BY THE DEPUTY COMMISSIONER
AND THE CHAIRMAN
4. DEPUTY CONSERVATOR OF FOREST
KUNDAPURA DIVISION,
UDUPI DISTRICT - 576201
5. SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
RAJATHADRI A BLOCK
MANIPAL, UDUPI DISTRICT
UDUPI - 576104
... RESPONDENTS
(BY SHRI VIKRAM HUILGOL, HCGP)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED
EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN
LICENSE No.SCL26/2016-17/4057 IN RESPECT OF 2 ACRES OF
LAND IN SURVEY No.361A/1 OF NITTE-1 VILLAGE FOR A
PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT
AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA
REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE A
CONSEQUENTIAL DIRECTION TO R-3 LICENSING AUTHORITY
TO EXTEND THE BENEFIT OF THE DEEMED EXTENSION TO
THE PETITIONER AS PROVIDED UNDER THE AMENDED
SECTION 5(2) AND (3) OF THE SAID ACT OF 2011 AND ETC.
IN WRIT PETITION NO. 9751 OF 2020
BETWEEN:
SRI. PRASHANTH KAMATH
S/O. B PRABHAKAR KAMATH
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AGED ABOUT 41 YEARS
R/AT GAYATHRI NIVAS
ATTUR GUNDYADKA
NITTE VILLAGE, KARKALA TALUK
UDUPI DISTRICT - 574110.
... PETITIONER
(BY SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SRI GIRISH M.K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
NO. 49, RACE COURSE ROAD
KHANIJA BHAVANA
BENGALURU - 560001
3. DISTRICT STONE CRUSHER LICENSING AND
REGULATION AUTHORITY
RAJATHADRI, UDUPI - 576104
REP., BY THE DEPUTY COMMISSIONER
AND THE CHAIRMAN
4. DEPUTY CONSERVATOR OF FOREST
KUNDAPURA DIVISION
UDUPI DISTRICT - 576201
5. SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
RAJATHADRI A BLOCK
MANIPAL, UDUPI DISTRICT
UDUPI - 576104
... RESPONDENTS
(BY SHRI VIKRAM HUILGOL, HCGP)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED
EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN
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LICENSE No.SCL19/2016-17/4540 IN RESPECT OF 1.80 ACRES
OF LAND IN SURVEY No.354/91B OF NITTE VILLAGE FOR A
PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT
AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA
REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE
CONSEQUENTIAL DIRECTION TO R-3 LICENSING AUTHORITY
TO EXTEND THE BENEFIT OF THE DEEMED EXTENSION TO
THE PETITIONER AS PROVIDED UNDER THE AMENDED
SECTION 5(2) AND (3) OF THE SAID ACT OF 2011 AND ETC.
IN WRIT PETITION NO. 9752 OF 2020
BETWEEN:
SRI. VRISHABHARAJ KADAMBA
S/O. JINARAJ,
AGED ABOUT 47 YEARS
M/S. SHRI. DURGAPARAMESHWARI
STONE CRUSHER
R/AT ATUR GUNDAYADKA
NITTE VILLAGE, KARKALA TALUK
UDUPI DISTRICT - 574110
... PETITIONER
(BY SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SRI GIRISH M.K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP., BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560001
2. THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY
NO. 49, RACE COURSE ROAD
KHANIJA BHAVANA, BENGALURU - 560001
3. DISTRICT STONE CRUSHER LICENSING AND
REGULATION AUTHORITY
RAJATHADRI, UDUPI-576104
-5-
REP., BY THE DEPUTY COMMISSIONER
AND THE CHAIRMAN
4. DEPUTY CONSERVATOR OF FOREST
KUNDAPURA DIVISION
UDUPI DISTRICT - 576201
5. SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
RAJATHADRI A BLOCK
MANIPAL, UDUPI DISTRICT
UDUPI - 576104
... RESPONDENTS
(BY SHRI VIKRAM HUILGOL, HCGP)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED
EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN
LICENSE No.SCL07/2016-17/3861 IN RESPECT OF 2 ACRES OF
LAND IN SURVEY No.354A/P1B OF NITTE VILLAGE FOR A
PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT
AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA
REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE A
CONSEQUENTIAL DIRECTION TO R-3 LICENSING AUTHORITY
TO EXTEND THE BENEFIT OF THE DEEMED EXTENSION TO
THE PETITIONER AS PROVIDED UNDER THE AMENDED
SECTION 5(2) AND (3) OF THE SAID ACT OF 2011 AND ETC.
IN WRIT PETITION NO. 11404 OF 2020
BETWEEN:
SRI. R. NARAYANA PRABHU
S/O R PADMANABHA PRABHU
AGED ABOUT 44 YEARS
R/AT PRABHU NIVAS
KUNTALPADY, KARKALA TALUK
UDUPI DISTRICT-574104
... PETITIONER
(SRI GIRISH M.K, ADVOCATE)
-6-
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF COMMERCE
AND INDUSTRIES, VIKASA SOUDHA
BENGALURU-560001
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
NO.49, RACE COURSE ROAD
KHANIJA BHAVANA
BENGALURU-560001
3. DISTRICT STONE CRUSHER LICENSING AND
REGULATION AUTHORITY
RAJATHADRI, UDUPI-576104
REP. BY THE DEPUTY COMMISSIONER
AND THE CDHAIRMAN
4. DEPUTY CONSERVATOR OF FOREST
KUNDAPURA DIVISION
UDUPI DISTRICT-576201
5. SENIOR GEOLOGIST
DEPATMENT OF MINES AND GEOLOGY
RAJATHADRI A BLOCK
MANIPAL, UDUPI DISTRICT
UDUPI-576104
... RESPONDENTS
(BY SHRI VIKRAM HUILGOL, HCGP)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED
EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN
LICENSE No.SCL45/2016-17/ IN RESPECT OF 2 ACRES OF
LAND IN SURVEY No.159/1 OF KALYA-3 VILLAGE FOR A
PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT
AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA
REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE
CONSEQUENTIAL DIRECTION TO R-3 LICENSING AUTHORITY
-7-
TO EXTEND THE BENEFIT OF THE DEEMED EXTENSION TO
THE PETITIONER AS PROVIDED UNDER THE AMENDED
SECTION 5(2) AND (3) OF THE SAID ACT OF 2011 AND ETC.
IN WRIT PETITION NO. 11406 OF 2020
BETWEEN:
SMT. SAVITHA H SALIAYAN
W/O HARSHA S. SALIYAN
AGED ABOUT 38 YEARS
R/AT MAGIL BAIL HOUSE
NANDALIKE VILLAGE,
KALYA POST, KARKALA TALUK
UDUPI- 574110
... PETITIONER
(BY SRI GIRISH M.K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP., BY ITS SECRETARY,
DEPARTMENT OF COMMERCE
AND INDUSTRIES,
VIKASA SOUDHA
BENGALURU- 560 001.
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
NO. 49, RACE COURSE ROAD,
KHANIJA BHAVANA
BENGALURU- 560 001.
3. DISTRICT STONE CRUSHER LICENSING AND
REGULATION AUTHORITY
RAJATHADRI, UDUPI- 576 104,
REP., BY THE DEPUTY COMMISSIONER
AND THE CHAIRMAN
4. DEPUTY CONSERVATOR OF FOREST
KUNDAPURA DIVISION
UDUPI DISTRICT- 576201
-8-
5. SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY
RAJATHADRI A BLOCK,
MANIPAL, UDUPI DISTRICT
UDUPI - 576 104.
... RESPONDENTS
(BY SHRI VIKRAM HUILGOL, HCGP)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED
EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN
LICENSE No.SCL29/2016-17 IN RESPECT OF 2 ACRES OF LAND
IN SURVEY No.273/1A1, 275 AND 276 OF NANDALIKE-3
VILLAGE FOR A PERIOD OF 20 YEARS FROM THE DATE OF
ORIGINAL GRANT AS PROVIDED UNDER AMENDED SECTION 5
OF KARNATAKA REGULATION OF STONE CRUSHERS ACT,
2011 AND ISSUE A CONSEQUENTIAL DIRECTION TO R-3
LICENSING AUTHORITY TO EXTEND THE BENEFIT OF THE
DEEMED EXTENSION TO THE PETITIONER AS PROVIDED
UNDER THE AMENDED SECTION 5(2) AND (3) OF THE SAID
ACT OF 2011 AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
ORDER
The learned Senior Counsel appearing for the petitioners in W.P.Nos.9750/2020, 9751/2020 and 9752/2020, on instructions, states that as far as the prayer clauses A are concerned, liberty may be granted to adopt appropriate -9- proceedings in the event the prayer for deemed extension is not granted by the concerned Authorities.
2. As far as the prayer clauses B are concerned, the issue is no longer res integra and is decided by a decision of this Court in the case of DHANANJAY vs. STATE OF KARNATAKA AND OTHERS1 .
3. Therefore, these 3 petitions will be governed by the said decision in the case of Dhananjay (supra).
4. In W.P.Nos.11404 of 2020 and 11406 of 2020, the learned counsel appearing for the petitioners states that as far as prayer clauses A are concerned, the remedy of filing appropriate proceedings may be kept upon in the event the concerned Authority denies the benefit of deemed extension to the petitioners. As regards prayer clauses B, the case is covered by the aforesaid decision in the case of Dhananjay.
5. Therefore, we dispose of the petitions by passing the following order:
(i) Prayer clauses A are not pressed with liberty to the petitioners to file a fresh petition in the event 1 (2019) 4 KAR.LJ 731
- 10 -
the prayers for deemed extension are not granted by the concerned Authorities;
(ii) As regards prayer clauses B, the impugned orders/communications are set aside. However, we clarify that if the concerned Authority finds that the lands subject matter are covered by the wider concept of forest or forest land adopted by the Apex Court in the order dated 12th December 1996 in the case of T.N.GODAVARMAN THIRUMULKPAD vs. UNION OF INDIA AND OTHERS, even if deemed extension of licence is granted, the same cannot be acted upon unless consent of the Central Government is granted as per Section 2 of the Forest Act, 1980;
(iii) There will be no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB