Allowed

Sri Shivanna v. the Govt of Karnataka

Karnataka HC6 Jun 2018WP/17706/2018

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of connected writ petitions challenging rejections of quarry lease applications. The court held that applications received before the specific amendment cutoff date cannot be rejected solely due to missing clearances, directing authorities to revise their decisions within four weeks.

What did the court decide?

Impugned endorsements were disapproved; authorities directed to send views within two weeks and decide on lease execution within four weeks. No costs.

Sri Shivanna Vs the Govt of Karnataka — Land Acquisition | Karnataka HC (2018)

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W.P.No.56503/2017 and connected matters

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JUNE, 2018

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PRESENT

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HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE

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AND

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HON’BLE MR.JUSTICE KRISHNA S. DIXIT

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WRIT PETITION NO.56503 OF 2017 (GM-MM-S) c/w WRIT PETITION NOS.17706 OF 2018, 18014 OF 2018 AND 18716 OF 2018

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IN W.P.NO.56503/2017

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BETWEEN:

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VIVEKANANDA SWAMY N.V. S/O N. MURUGENDRAPPA AGED ABOUT 65 YEARS NO.192, SREE SADANANDA 1^ST MAIN, 6^TH CROSS BASAVESWARA NAGARA BELLARY – 583 101 ... PETITIONER

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(BY SRI.R.G.KOLLE, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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REP. BY ITS CHIEF SECRETARY

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VIDHANA SOUDHA, BENGALURU BENGALURU – 560 001

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THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF COMMERCE

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& INDUSTRIES

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VIKASA SOUDHA, BENGALURU BENGALURU – 560 001

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W.P.No.56503/2017 and connected matters

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THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001

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ADDITIONAL CHIEF SECRETARY & CHAIRMAN, RULE 11 COMMITTEE CONSTITUTED UNDER KMMC RULES, 1994 VIDHAN SOUDHA BENGALURU – 560 001

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THE DEPUTY COMMISSIONER & ALSO CHAIRMAN

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DISTRICT TASK FORCE (MINES) COMMITTEE

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YADAGIRI DISTRICT YADAGIRI – 585 201

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... RESPONDENTS

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(BY SRI.VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS 3 AND 5 TO FORTHWITH GRANT/EXECUTE A QUARRY LEASE TO EXTRACT PINK GRANITE WITHOUT BLASTING OPERATIONS IN GOVT. LAND BEARING SY. NO.26/1A OF T.GODIHAL VILLAGE, SURAPUR TALUKA, YADAGIRI DISRICT OVER AN AREA OF 04.20 ACRES AS RECOMMENDED IN THE JOINT INSPECTION REPORT DATED 28.11.2016 CARRIED OUT BY ASSISTANT COMMISSIONER/SENIOR GEOLOGIST AND TAHASILDAR, PURSUANT TO QUARRY LEASE APPLICATION DATED 26.12.2014 FILED BY THIS PETITIONER FOR A PERIOD OF 30 YEARS FOR DEEMING TO HAVE RECEIVED REVENUE NOC AS PER NEWLY AMENDED RULES EFFECTIVE FROM 12.8.2016 AND 18.11.2017 BY WAY OF QUASHING OR SETTING ASIDE THE ENDORSEMENT DATED 29.11.2017 ISSUED BY THE RESPONDENT NO.3 DIRECTOR PRODUCED AT ANNEXURE-A, AND ETC.

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W.P.No.56503/2017 and connected matters

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IN W.P.NO.17706/2018

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BETWEEN: SRI SHIVANNA S/O DODDAMALLAIAH AGED ABOUT 55 YEARS RAMAIAH GARDEN BEHIND I.B., INDIRA NAGAR CHIKKABALLAPURA – 562 101 ... PETITIONER (BY SRI.KESHAVA REDDY M., ADVOCATE)

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AND: 1. THE GOVT. OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001

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1. THE PRINCIPAL SECRETARY TO GOVT. DEPT. OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU – 560 001

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1. THE DIRECTOR OF MINES & GEOLOGY GOVT. OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001

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1. THE SENIOR GEOLOGIST DEPT. OF MINES & GEOLOGY CHIKKABALLAPURA – 562 101 ... RESPONDENTS

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(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, PRAYING TO DECLARE THAT THE APPLICATION OF THE PETITIONER SEEKING QUARRY LEASE VIDE ANNEXURE-A IS SAVED

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W.P.No.56503/2017 and connected matters

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UNDER THE AMENDED RULE 8-A OF THE RULES AND HAS TO BE PROCESSED UNDER THE UN-AMENDED PROVISIONS OF THE RULES WHICH EXISTED BEFORE COMING INTO FORCE OF THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016, AND ETC.

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IN W.P.NO.18014/2018

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BETWEEN: ALI BASHA S/O KHAJA HUSSAIN AGE: 32 YEARS 19^TH WARD, NEAR KORRAM HALLA HOUSE SADASHIVA NAGAR SIRUGUPPA TOWN SIRUGUPPA TALUKA – 583 121 BALLARI DISTRICT ... PETITIONER (BY SRI.R.G.KOLLE, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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REP. BY ITS CHIEF SECRETARY

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VIDHANA SOUDHA, BENGALURU BENGALURU – 560 001

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THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU BENGALURU – 560 001

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THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001

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ADDITIONAL CHIEF SECRETARY

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& CHAIRMAN, RULE 11 COMMITTEE

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W.P.No.56503/2017 and connected matters

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CONSTITUTED UNDER KMMC RULES, 1994 VIDHAN SOUDHA BENGALURU – 560 001

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THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE BALLARI DISTRICT BALLARI – 583 101 ... RESPONDENTS

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(BY SRI.VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 14.08.2017 ISSUED BY 3^RD RESPONDENT DIRECTOR & COMPETENT AUTHORITY PRODUCED AT ANNEXURE-A, IN RESPECT OF QUARRY LEASE APPLICATION DATED 25.07.2014 PRODUCED AT ANNEXURE-B, SEEKING TO GRANT/EXECUTE A QUARRY LEASE TO EXTRACT MULTI-COLOUR GRANITE IN GOVT. LAND BEARING SY.NO.86 OF NADIVI VILLAGE IN SIRUGUPPA TALUKA, BALLARI DISTRICT, OVER AN AREA OF 5.20 ACRES, AND ETC.

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IN W.P.NO.18716/2018

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BETWEEN:

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SRI.K.ANANTH S/O SRI.KENCHAPPA AGED ABOUT 47 YEARS R/AT VENGALAPURA SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 542 ... PETITIONER

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(BY SRI:GANAPATHY BHAT VAJRALLI AND NARENDRA KUMAR K., ADVOCATES)

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W.P.No.56503/2017 and connected matters

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS

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CHIEF SECRETARY

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VIDHANA SOUDHA DR.B.R.AMBEDKAR VIDHI

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BENGALURU – 560 001

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THE SECRETARY COMMERCE AND INDUSTRIES

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DEPARTMENT OF COMMERCE (MINES) VIKASA SOUDHA

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BENGALURU – 560 001

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY

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CHITRADURGA – 577 501

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THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY

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KANIJA BHAVAN

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RACE COURSE ROAD

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BENGALURU – 560 001 ... RESPONDENTS

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(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, PRAYING TO DECLARE THAT THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016 DATED 12.08.2016, AS PER ANNEXURE-G, IN SO FAR AS RULE 8B (2)(d) AND 31ZD IS UNCONSTITUTIONAL, NULL AND VOID AND SAME TO BE STRUCK DOWN, ETC.

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE , MADE THE FOLLOWING:

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W.P.No.56503/2017 and connected matters

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ORDER

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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.

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Learned counsel for the petitioner has moved a memo in W.P.No.18716/2018 that he is not pressing on the challenge to the validity of Rule 8B(2)(d) and 31-ZD of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.

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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:

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“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

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W.P.No.56503/2017 and connected matters

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taken note of the candid submissions of the learned Additional Government Advocate as under:-

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“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 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.”

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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:

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“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.

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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.

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No costs.”

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W.P.No.56503/2017 and connected matters

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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 rejected. We find no reason to take any different view of the matter.

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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.

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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.

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No costs.”

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The position aforesaid applies to the present cases too.

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Accordingly, these writ petitions are also disposed of at this stage itself while disapproving the impugned endorsements, if made in rejection of the application of the writ petitioner/s and with the requirement that the concerned authorities shall send their views/opinions/reports to the

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W.P.No.56503/2017 and connected matters

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10 -

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authorities of Mines and Geology Department within two weeks from today.

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The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the 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

Sri Shivanna v. the Govt of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Shivanna v. the Govt of Karnataka

Case brief

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