Karnataka High Court
Shilpa. S vs The Senior Geologist on 7 June, 2018
Bench: Chief Justice, Krishna S Dixit
W.P.No.43267/2017 and
connected matters
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE KRISHNA S. DIXIT
WRIT PETITION NO.43267 OF 2017 (GM-MM-S) c/w
WRIT PETITION NOS.43271 OF 2017, 44989 OF 2017,
44990 OF 2017, 44991 OF 2017, 49250 OF 2017,
18120 OF 2018, 19943-19947 OF 2018
AND 44319 OF 2017
IN W.P.NO.43267 OF 2017
BETWEEN:
SHILPA. S,
D/O. SAMPAIAH,
AGED 38 YEARS,
R/O. NO. 58, 6TH CROSS,
SHHIVANANDANAGAR,
MOODALAPALYA,
NAGARABHAVI MAIN ROAD,
BENGALURU - 560 072.
... PETITIONER
(BY SRI. SHIVAKUMAR K. B, ADVOCATE)
AND:
1. THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES & GEOLOGY,
MINERALS DIVISION,
CHIKKABALLAPURA - 562 101.
W.P.No.43267/2017 and
connected matters
-2-
2. THE ASSISTANT COMMISSIONER,
CHIKKABALLAPURA SUB-DIVISION,
CHIKKABALLAPURA - 562 105.
3. THE DEPUTY CONSERVATOR OF FOREST,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
4. THE DISTRICT TASK FORCE (MINES) COMMITTEE,
OFFICE OF THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA - 562 105.
... RESPONDENTS
(BY SRI. V. G. BHANU PRAKASH, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNX - A DATED 16.07.2017 PASSED BY
RESPONDENT NO. 1 AND DIRECT RESPONDENT NO. 1 TO
GRANT THE QUARRYING LEASE SUBJECT TO SUCH OTHER
CONDITIONS AS MAY BE SPECIFIED AS ENVISAGED UNDER
SUB-RULE (7) OF THE RULE 8 OF THE KARNATAKA MINOR
MINERAL CONCESSION RULES (AMENDMENT) RULES 2016
WITH REFERENCE TO ANNEX - B DATED 01.08.2014 AND
ETC.,
IN W.P.NO.43271 OF 2017
BETWEEN:
SMT. M. ROOPAKALA,
W/O. G. S. SHANKAR NARAYAN,
AGED 40 YEARS,
R/O. NO. 35/1, FLAT NO. 311,
1ST FLOOR, RANKANEST,
K.K.S. ROAD, OKALIPURAM,
BENGALURU - 560 021.
... PETITIONER
(BY SRI. SHIVAKUMAR K. B, ADVOCATE)
W.P.No.43267/2017 and
connected matters
-3-
AND:
1. THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES & GEOLOGY,
MINERALS DIVISION,
CHIKKABALLAPURA - 562 101.
2. THE ASSISTANT COMMISSIONER,
CHIKKABALLAPURA SUB-DIVISION,
CHIKKABALLAPURA - 562 105.
3. THE DEPUTY CONSERVATOR OF FOREST,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
4. THE DISTRICT TASK FORCE ( MINES) COMMITTEE,
OFFICE OF THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA - 562 105.
... RESPONDENTS
(BY SRI. V. G. BHANU PRAKASH, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNX - A DATED 18.02.2017 PASSED BY THE
RESPONDENT NO. 1 AND DIRECT RESPONDENT NO. 1 TO
GRANT THE QUARRYING LEASE SUBJECT TO SUCH OTHER
CONDITIONS AS MAY BE SPECIFIED AS ENVISAGED UNDER
SUB-RULE (7) OF THE RULE 8 OF THE KARNATAKA MINOR
MINERAL CONCESSION RULES (AMENDMENT) RULES 2016
WITH REFERENCE TO ANNEX - B DATED 06.08.2014 AND
ETC.,
IN W.P.NO.44989 OF 2017
BETWEEN:
SMT. BHAGYAMMA,
W/O S. A. NARAYANASWAMY,
AGED 40 YEARS,
R/O. SADAHALLI POST,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT
... PETITIONER
(BY SRI. SHIVAKUMAR K. B, ADVOCATE)
W.P.No.43267/2017 and
connected matters
-4-
AND:
1. THE SECRETARY,
DEPARTMENT OF INDUSTRIES & COMMERCE,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
3. THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
4. THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
5. THE DEPUTY CONSERVATOR OF FOREST,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
6. THE DISTRICT TASK FORCE (MINES) COMMITTEE,
OFFICE OF THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA - 562 105.
REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS
(BY SRI. V. G. BHANU PRAKASH, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNX - A DATED 06.07.2017 PASSED BY THE
RESPONDENT NO. 3 AND DIRECT RESPONDENT NO. 2 TO
GRANT THE QUARRYING LEASE SUBJECT TO SUCH OTHER
CONDITIONS AS MAY BE SPECIFIED AS ENVISAGED UNDER
SUB-RULE (7) OF THE RULE 8 OF THE KARNATAKA MINOR
MINERAL CONCESSION RULES (AMENDMENT) RULES 2016,
WITH REFERENCE TO ANNEX - B DATED 31.08.2013 AND
W.P.No.43267/2017 and
connected matters
-5-
DECLARE THAT THE NO OBJECTION CERTIFICATES ARE
DEEMED TO HAVE BEEN RECEIVED UNDER RULE 8(6) OF
KMMCR 1994 AND ETC.,
IN W.P.NO.44990 OF 2017
BETWEEN:
S. A. NARAYANASWAMY,
S/O LATE ANJANAPPA,
AGED 49 YEARS,
R/O. NO. 168, SADAHALLI POST,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 110.
... PETITIONER
(BY SRI. SHIVAKUMAR K. B, ADVOCATE)
AND:
1. THE SECRETARY,
DEPARTMENT OF INDUSTRIES & COMMERCE,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
3. THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
4. THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
5. THE DEPUTY CONSERVATOR OF FOREST,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
W.P.No.43267/2017 and
connected matters
-6-
6. THE DISTRICT TASK FORCE (MINES) COMMITTEE,
OFFICE OF THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA - 562 105.
REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS
(BY SRI. V. G. BHANU PRAKASH, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNX - A DATED 05.07.2017 PASSED BY THE
RESPONDENT NO. 3 AND DIRECT RESPONDENT NO. 2 TO
GRANT THE QUARRYING LEASE SUBJECT TO SUCH OTHER
CONDITIONS AS MAY BE SPECIFIED AS ENVISAGED UNDER
SUB-RULE (7) OF THE RULE 8 OF THE KARNATAKA MINOR
MINERAL CONCESSION RULES (AMENDMENT) RULES 2016,
WITH REFERENCE TO ANNEX - B DATED 14.03.2014 AND
DECLARE THAT THE NO OBJECTION CERTIFICATES ARE
DEEMED TO HAVE BEEN RECEIVED UNDER RULE 8(6) OF
KMMCR 1994 AND ETC.,
IN W.P.NO.44991 OF 2017
BETWEEN:
S. K. RADHAKRISHNA,
S/O. LATE KAMAIAH,
AGED 63 YEARS,
R/O.NO. 108, SADAHALLI POST,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 110.
... PETITIONER
(BY SRI. SHIVAKUMAR K. B ,ADVOCATE)
AND:
1. THE SECRETARY,
DEPARTMENT OF INDUSTRIES & COMMERCE,
VIKASA SOUDHA,
BENGALURU - 560 001.
W.P.No.43267/2017 and
connected matters
-7-
2. THE DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
3. THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
4. THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
5. THE DEPUTY CONSERVATOR OF FOREST,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
6. THE DISTRICT TASK FORCE (MINES) COMMITTEE,
OFFICE OF THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA - 562 105.
REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS
(BY SRI. V. G. BHANU PRAKASH, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEX - A DATED 27.06.2017 PASSED BY
RESPONDENT NO. 3 AND DIRECT THE RESPONDENT NO. 2
TO GRANT THE QUARRYING LEASE SUBJECT TO SUCH
OTHER CONDITIONS AS MAY BE SPECIFIED AS ENVISAGED
UNDER SUB-RULE (7) OF RULE 8 OF THE KARNATAKA MINOR
MINERAL CONCESSION RULES (AMENDMENT) RULES 2016,
WITH REFERENCE TO ANNEX - B DATED 14.03.2014 AND
DECLARE THAT THE NO OBJECTION CERTIFICATES ARE
DEEMED TO HAVE BEEN RECEIVED UNDER RULE 8(6) OF
KMMCR 1994 AND ETC.,
W.P.No.43267/2017 and
connected matters
-8-
IN W.P.NO.49250 OF 2017
BETWEEN:
KRISHNA BHAT,
AGED ABOUT 38 YEARS,
R/AT NO.305, SAI SRINIVAS HILLS,
4TH MAIN ROAD, OPP. BSNL OFFICE,
BSK III STAGE, BENGALURU,
BENGALURU - 560 085.
... PETITIONER
(BY SRI. R. G. KOLLE, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REP. BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560 001
2. THE PRINICPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE & INDSUTRIES,
VIKASA SOUDHA,
BENGALURU - 560 001
3. THE DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU - 560 001.
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY,
DEPARTMENT OF MINES & GEOLOGY,
2ND GATE, CONTONMENT,
BELLARY - 583 104
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, BELLARI DISTRICT,
BELLARY - 583 104
.... RESPONDENTS
(BY SRI. V. G. BHANU PRAKASH, AGA)
W.P.No.43267/2017 and
connected matters
-9-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH OR SET ASIDE THE ENDORSEMENT DATED
14.11.2016 PASSED BY RESPONDENT NO.4 SENIOR
GEOLOGIST & COMPETENT AUTHORITY, DECLARING THE
QUARRY LEASE APPLICATION DATED 02.02.2016 FILED BY
THIS PETITIONER AS "IN-ELIGIBLE" IN TERMS OF RULE 8 (B)
(1), SEEKING TO EXTRACT MURRAM, WHICH IS A NON-
SPECIFIED MINOR MINERAL, OVER AN AREA OF 19.00
ACRES IN GOVERNMENT LAND IN SY.NO.122/A OF
AALADALLI VILLAGE, BELLARY TALUKA, BELLARY DISTRICT
PRODUCED AT ANNX-A AND ETC.,
IN W.P.NO.18120 OF 2018
BETWEEN:
R. RAJANNA,
S/O. RAMAIAH,
AGED 70 YEARS,
YELAVAGULI VILLAGE,
TEKAL HOBLI, MALUR TALUK,
KOLAR DISTRICT - 563 137.
... PETITIONER
(BY SRI. SHIVAKUMAR K. B , ADVOCATE)
AND:
1. THE SENIOR GEOLOGIST,
MINERALS DIVISION,
DEPARTMENT OF MINES & GEOLOGY,
KOLAR - 563 102.
2. THE JOINT DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY.
SOUTHERN REGION,
NO.167, 11TH MAIN CROSS,
SARASWATHIPURAM,
MYSORE - 570 009.
... RESPONDENTS
(BY SRI. VIKRAM HUIGOL, HCGP)
W.P.No.43267/2017 and
connected matters
- 10 -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEXURE - A DATED 18.11.2016 PASSED BY THE
RESPONDENT NO. 1 AND QUASH ANNEXURE - B PASSED BY
THE RESPONDENT NO. 2 IN REVISION PETITION NO.
129/2017-18 DATED 24.01.2018/03.02.2018 AND ETC.,
IN W.P.NOS.19943 - 19947 OF 2018
BETWEEN:
1. SMT. M .N. VIJAYALAKSHMI,
W/O. H. V. SESHAGIRI RAO,
AGED 63 YEARS,
R/O. NO. 27, 10TH CROSS,
SBM COLONY, UDAYAGIRI,
MYSORE - 570 019.
2. SMT. K. KUSUMA,
W/O. H. V. GOPAL,
AGED 56 YEARS,
R/O. KHADRIRAPPA STREET,
SIDLAGHATTA TOWN,
CHIKKABALLAPURA DISTRICT - 562 105.
3. KUSHAL RAJ,
S/O. Y. M. MUNIRAJU,
AGED 30 YEARS,
R/O. NO. 935, 1ST FLOOR,
64TH CROSS, 5TH BLOCK,
RAJAJINAGAR,
BENGALURU - 560 010.
4. SMT. N. A. SHARADA,
AGED 40 YEARS,
W/O. LATE V. THIRUMALESH,
NO. 93/2, 2ND CROSS,
OMKAR ASHRAM ROAD,
ANJANANAGAR,
BENGALURU NORTH,
BENGALURU - 560 091.
5. K. T. MANJUNATH,
S/O. THIMMAIAH K. ARURU (P),
W.P.No.43267/2017 and
connected matters
- 11 -
AGED 40 YEARS,
KAKALACHINTHE,
CHIKKABALLAPURA TALUK
& DISTRICT - 562 104.
... PETITIONERS
(BY SRI. SHIVAKUMAR K.B , ADVOCATE)
AND:
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
3. THE DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
NO.49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
4. THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
5. THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES & GEOLOGY,
CHIKKABALLAPURA - 562 101.
6. THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
7. THE ASSISTANT COMMISSIONER,
CHIKKABALLAPURA SUB-DIVISION,
CHIKKABALLAPURA DISTRICT - 562 105.
W.P.No.43267/2017 and
connected matters
- 12 -
8. THE DEPUTY CONSERVATOR OF FOREST,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
... RESPONDENTS
(BY SRI. VIKRAM HUIGOL, HCGP)
---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT
NO. 4 DATED 04.07.2017 IN RESPECT OF THE PETITIONER
NO. 1, DATED 07.07.2017 IN RESPECT OF THE PETITIONER
NO. 2, DATED 17.06.2017 IN RESPECT OF THE PETITIONER
NO. 3, DATED 04.07.2017 IN RESPECT OF THE PETITIONER
NO. 4 IN RESPECT OF PETITIONER NO. 5 PRODUCED AT
ANNEXURE - A, A1, A2, A3 , A4 RESPECTIVELY AND ETC.,
IN W.P.NO.44319 OF 2017
BETWEEN:
S. K. NAGARAJAN,
S/O. LATE KAMAIAH,
AGED ABOUT 71 YEARS,
NO. 497, 9TH CROSS,
M. S. RAMAIAH NORTH CITY,
THANISANDRA MAIN ROAD,
DR. S. K. NAGAR POST,
BENGALURU - 560 077.
... PETITIONER
(BY SRI. SHIVAKUMAR K.B , ADVOCATE)
AND:
1. THE SECRETARY,
DEPARTMENT OF INDUSTRIES & COMMERCE,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
W.P.No.43267/2017 and
connected matters
- 13 -
3. THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
4. THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
5. THE DEPUTY CONSERVATOR OF FOREST,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 105.
6. THE DISTRICT TASK FORCE (MINES) COMMITTEE,
OFFICE OF THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA - 562 105.
... RESPONDENTS
(BY SRI. VIKRAM HUIGOL, HCGP)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEX - A DATED 27.06.2017 PASSED BY
RESPONDENT NO. 3 AND DIRECT RESPONDENT NO. 2 TO
GRANT THE QUARRYING LEASE SUBJECT TO SUCH OTHER
CONDITIONS AS MAY BE SPECIFIED AS ENVISAGED UNDER
SUB-RULE (7) OF RULE 8 OF THE KARNATAKA MINOR
MINERAL CONCESSION RULES (AMENDMENT) RULES 2016
WITH REFERENCE TO ANNEX- B DATED 14.03.2014 AND
DECLARE THAT THE NO OBJECTION CERTIFICATES ARE
DEEMED TO HAVE BEEN RECEIVED UNDER RULE 8(6) OF
KMMCR 1994 AND ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
W.P.No.43267/2017 and
connected matters
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ORDER
These petitions involving similar and akin issues have been considered together and are taken up for final disposal at this stage itself by way of this common order.
It is not in dispute that several similar nature writ petitions have been considered and allowed by this Court, either while disapproving the similar endorsements and restoring the applications for reconsideration or while requiring the pending applications to be considered in accordance with law, including a batch of writ petitions led by W.P.No.43235/2017, decided on 11.04.2018, wherein this Court has, inter alia, observed as under:
"In the order dated 24.10.2017 in W.P.No.44260/2017, this Court has taken note of the provisions contained in the amended Rule 8-B of the Rules and has also taken note of the candid submissions of the learned Additional Government Advocate as under:-
"5. Learned Additional Government Advocate submits that this Court in Writ Petition No.25421/2017 (DD 04.07.2017) and in several other matters has held that W.P.No.43267/2017 and connected matters
- 15 -
applications as that of the petitioner do not become ineligible if the application was received by the Competent Authority before 16.06.2015 and further, it is held that it is the responsibility of the Competent Authority to consult the authorities referred to in Rule 8(5) of the Rules and to obtain the certificates and reports referred to therein. He further submits that the application of the petitioner was received by the Competent Authority before 16.06.2015."
This Court has also considered the earlier orders passed in the matters and has allowed W.P.No.60155/2016 by the order dated 22.03.2018, while observing as under:
"Having regard to the submissions made, this petition stands disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions to the authorities of the Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs."
The proposition aforesaid, for all practical purposes, apply to these cases too. This Court has repeatedly observed that it was the responsibility of the concerned authority/authorities to obtain the clearances and technical reports; and for their omissions, the applications could not have been W.P.No.43267/2017 and connected matters
- 16 -
rejected. We find no reason to take any different view of the matter.
Accordingly, all these petitions stand disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deeds within four weeks from the date of production of the certified copy of this order.
No costs."
The position aforesaid applies to the present cases too.
Accordingly, these writ petitions are also disposed of at this stage itself while disapproving the impugned endorsements and orders and with the requirement that the concerned authorities shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the W.P.No.43267/2017 and connected matters
- 17 -
lease deed within four weeks from the date of production of the certified copy of this order.
No costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB