Karnataka High Court
Sri.H.R.Shivashankar vs The State Of Karnataka on 15 April, 2019
Equivalent citations: 2019 (3) AKR 68, (2019) 4 KCCR 3724
Author: L. Narayana Swamy
Bench: L. Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2019
PRESENT
THE HON'BLE Mr. JUSTICE L. NARAYANA SWAMY
ACTING CHIEF JUSTICE
AND
THE HON'BLE Mr. JUSTICE P.S. DINESH KUMAR
WRIT PETITION No. 33159/2016 (GM-MM-S)
BETWEEN :
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Sri. H.R. Shivashankar
S/o. Rudrappa
Aged about 43 years
R/a. No. Prathapreddynagara
Halakundi Post
Bellary District - 583 102. ... PETITIONER
(By Sri. Manjunath M. Hegde, Adv., for
Sri. T. Seshagiri Rao, Adv.)
AND :
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1. The State of Karnataka
Rep. by Chief Secretary
To Government
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Vidhana Soudha
Bangalore - 560 001.
2. Secretary to Government
Of Karnataka
Dept. of Commerce and Industries
Vikas Soudha
Bangalore - 560 001.
3. Secretary to Government
Of Karnataka
Dept. of Forests
Vidhana Soudha
Bangalore - 560 001.
4. The Chief Conservator of Forests
Bellary Circle
Moti Circle
Bellary - 583 101.
5. The Deputy Conservator of Forests
Bellary Sub-Division
II Gate, Near Zoo
Bellary - 583 101.
6. The Range Forest Officer
Bellary Division
Bellary - 583 101.
7. The Deputy Commissioner
Bellary District
Opp. to Railway Station
Bellary - 583 101.
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8. Director
Department of Mines and Geology
Khanija Bhavan
Race Course Road
Bangalore - 560 001.
9. District Task Force (Mines) Committee
Headed by Deputy Commissioner
As its Chairman
O/O. The Deputy Commissioner
Bellary, Bellary Dist. - 583 101.
10. The Senior Geologist (M)
Department of Mines and Geology
II Gate, Bellary - 583 101. ... RESPONDENTS
(By Sri. V.G. Bhanuprakash, AGA)
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This Writ Petition is filed under Articles 226 and
227 of the Constitution of India with a prayer to quash
the decision taken by respondent No. 5 dated
29.04.2016 in case No. A7/LAND/W.P. No. 57423/2015
/2016-17/69 found at Annexure H to the writ petition
and etc.
This Writ Petition coming on for Preliminary
Hearing B Group this day, ACTING CHIEF JUSTICE,
passed the following;
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ORDER
Petitioner has filed an application for grant of quarry lease over an area of 10 acres to quarry 'murram' in Sy. No.122/A of Haladalli village, Bellary Taluk and District. By a communication dated 29.04.2016, the Deputy Conservator of Forests communicated to the Senior Geologist that the land in question falls within deemed forest. Feeling aggrieved, petitioner has presented this writ petition with prayers to quash the said communication, to direct the forest authority to issue a 'No objection' and a further direction to the Senior Geologist to dispose of his application.
2. Learned counsel for the petitioner submits that though 60 Hectares in survey No. 122A is a deemed forest area, it does not include 10 acres in respect of which petitioner has submitted his application. He submits that Department of Mines and Geology by order 5 dated 21.07.2018 has ordered conditional grant over an area of five acres and the same has been cancelled by order dated 13.08.2018. Accordingly, he prays that the order 13.08.2018 be quashed and a direction be issued to make the conditional grant as an absolute grant.
3. On the other hand, learned Additional Government Advocate has filed statement of objections on 23.07.2018 and additional statement of objections on 08.01.2019 and they support the impugned order at Annexure H. The learned Additional Government Advocate submits that land in question falls within the deemed forest area and accordingly, he prays for dismissal of this writ petition.
4. Heard the learned counsel for both the parties and perused the records.
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5. It is the specific case of petitioner that 5 acres of land in respect of which conditional grant has been given is outside the deemed forest area.
6. On considering rival submissions, this Court on an earlier occasion had directed the respondents to conduct a fresh survey and to clearly delineate the deemed forest area. In compliance of the said direction, survey has been conducted and survey sketch has been produced before this Court along with the additional statement of objections. In the sketch, the deemed forest area is marked with blue line. A portion of the area in respect of which petitioner had sought quarry lease overlaps the deemed forest. However, the petitioner has restricted his claim to only 5 acres. It is the case of respondents that a portion of the land outside the deemed forest is earmarked for construction of slaughter house. A careful perusal of the sketch 7 shows that the 5 acres land in respect of which conditional grant has been given, falls outside the deemed forest. Therefore, in our view, cancellation of conditional grant without notice is arbitrary and in violation of principles of natural justice. It is settled position of law that when a statutory right is conferred on a person before it is withdrawn or cancelled, the interested person is to be heard in the matter. The cancellation order dated 13.08.2018 (Annexure Q) does not indicate that petitioner was heard before passing the said order. Therefore, for more than one reason we are of the opinion that the impugned order is liable to be set aside.
7. Accordingly, this writ petition is disposed of with a direction to the respondents to confirm the conditional grant issued on 21.07.2018 in respect of 5 acres by clearly demarcating the boundaries. It is made 8 clear that petitioner shall be entitled for granted area of 5 acres which falls outside the deemed forest area. In case the area granted as per the conditional grant dated 21.07.2018 is less than 5 acres, then the same shall be modified accordingly to ensure that the leased area is outside the deemed forest.
Respondents are directed to give effect to this order in an outer limit of 8 weeks from the date of receipt of a copy of this order.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE LRS.