Quashed

Shiva Ganga Stone Crushing Industries v. State of Karnataka

Karnataka HC12 Apr 2021WP/3359/2021

Case brief

AI extract

What is this about?

In five connected writ petitions, the High Court of Karnataka quashed impugned orders issued by a Senior Geologist directing petitioners to stop mining. The leaseholders held valid leases in Kilpaugar and Devarbhumi. The court held the impugned order lacked statutory basis, noting the State must pursue lease cancellation under the rules if a breach exists, not arbitrarily stop mining.

What did the court decide?

The impugned orders directing the petitioners to stop mining activity are quashed.

Shiva Ganga Stone Crushing Industries Vs State… — Environment and Pollution | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF APRIL, 2021

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PRESENT

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THE HON’BLE Mr. ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE Mr. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION No. 3296/2021 (GM-MM-S) C/W

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WRIT PETITION Nos. 3321/2021, 3324/2021,

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3359/2021, 3374/2021(GM-MM-S)

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W.P. No. 3296/2021

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Between:

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Sri. S.R. Bellary Son of late Rudrappa Aged about 48 years Residing at Mutebennur village Mutebennur Village Byadagi taluk Haveri Distrct – 581 110. … PETITIONER

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(By Sri. Punith C, Adv.)

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And :

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State of Karnataka Represented by its Secretary Department of Mines and Geology, Vidhana Soudha Bangalore – 560 001.

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The Joint Director Department of Mines and Geology North Zone

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Bellary – 583 101.

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Senior Geologist (Ore.) Mines and Geology Department Gadag – 583 101.

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The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore – 560 001.

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The Deputy Commissioner Gadag District Gadag – 582 101. … RESPONDENTS

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(By Sri. Vikram Huilgol, AGA)

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This Writ petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1081/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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W.P. No. 3321/2021

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Between:

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Sri. A.J.Kalakeri Son of Jandisab Kalkeri Aged About 46 Years Residing at #1152/A Gundikeri Plat, Hirevadhatti

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Mandargi Taluk Gadag District Pin code -582 113 …Petitioner

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(By Sri Punith.C, Advocate)

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And :

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1.	State of Karnataka Represented by its Secretary Department of Mines and Geology Vidhana Soudha Bangalore -560 001.
2.	The Joint Director Department of Mines and Geology North Zone Bellary -583 101.
3.	Senior Geologist (Ore) Mines and Geology Department Gadag Pin Code -582 101
4.	The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001
5.	The Deputy Commissioner Gadag District Gadag, Pin Code : 582 101 …Respondents
(By	Sri Vikram Huilgol, Additional Government Advocate)

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This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the

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nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA.BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1082/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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W.P.No.3324/2021

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Between:

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Sri Surendra Reddy Son of Adishesha Reddy Aged about 48 years Residing at Gururaghavendra Nilaya Mulugand Road, Lakshman sagar Gadag District Pin Code -582 101 …Petitioner

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(By Sri Punith.C, Advocate)

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And :

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State of Karnataka Represented by its Secretary Department of Mines and Geology Vidhana Soudha Bangalore -560 001.

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The Joint Director Department of Mines and Geology North Zone Bellary -583 101.

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Senior Geologist (Ore) Mines and Geology Department Gadag Pin Code -583 101

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The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001

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The Deputy Commissioner Gadag District Gadag Pin Code : 582 101 …Respondents

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(By Sri Vikram Huilgol, Additional Government Advocate)

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This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1079/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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W.P. No. 3359/2021

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Between:

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Shiva Ganga Stone Crushing Industries Having office at #30/41, Flat No.35, 1^st Floor, Madhura Estate Keshavapura, Hubballi Pin code -580 020 Represented by his Partner Sri Shashank Shettar …Petitioner

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(By Sri Punith.C, Advocate)

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And :

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State of Karnataka Represented by its Secretary

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Department of Mines and Geology Vidhana Soudha Bangalore.

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The Joint Director

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Department of Mines and Geology North Zone, Bellary -583 101.

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Senior Geologist (Ore) Mines and Geology Department Gadag, Pin Code -583 101

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The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001

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The Deputy Commissioner Gadag District Gadag, Pin Code : 582 101 …Respondents

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(By Sri Vikram Huilgol, Additional Government Advocate)

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This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUD/a/1085/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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W.P.No.3374/2021

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Between:

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Sri Jagadish M. Battur Son of Mahadevappa D Battur

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Aged about 42 years Residing at Mulagunda, Gadag Taluk Gadag District Pin code -582 117 …Petitioner

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(By Sri Punith.C, Advocate)

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And :

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1.	State of Karnataka Represented by its Secretary Department of Mines and Geology Vidhana Soudha Bangalore-560 001.
2.	The Joint Director Department of Mines and Geology North Zone Bellary -583 101.
3.	Senior Geologist (Ore) Mines and Geology Department Gadag Pin Code -582 101
4.	The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001
5.	The Deputy Commissioner Gadag District Gadag Pin Code : 582 101 …Respondents
(By	Sri Vikram Huilgol, Additional Government Advocate)

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This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1077/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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These Writ Petitions coming on for Preliminary Hearing this day, CHIEF JUSTICE , passed the following;

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O R D E R

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The submissions were heard on the last date (8^th April 2021). The facts of these cases are more or less identical. Therefore, we are referring to the facts of the case in W.P. No.3296/2021.

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The petitioner was granted a quarrying lease under

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the Karnataka Minor Mineral Concession Rules, 1994 (for short "the said Rules of 1994"). The challenge in the petition is to the order dated 21^st November, 2020 issued by the Senior Geologist (third respondent). By the said order, the petitioner was directed to stop the mining activity in the

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leased area. The first reason given in the said order is that in the meeting of the Gadag District Task Force (Mines) Committee, it was agreed that it is necessary to stop the mining activities within one kilometer from the boundary of Kappattagudda Wildlife Sanctuary. Therefore, the petitioner was instructed to stop the mining activity. In addition, it was also directed to stop mining in the sanctioned stone mining leased area.

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On the last date, we had directed the learned Additional Government Advocate to take instructions whether all the leases subject matter of these petitions are valid and subsisting. Today, on instructions, he states that the leases are valid and subsisting.

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After having perused the order impugned in W.P. No.3296/2021, it must be mentioned here that the same does not refer to any statutory provisions or statutory Rules which empower the District Task Force Committee or the

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State Government to close all the activities of mining in a particular area. So long as the leases granted to the petitioners under the said Rules of 1994 are valid and subsisting, the mining activities on the basis of the leases cannot be prevented or stopped.

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In case the petitioners commit breach of the provisions of the said Rules of 1994 or the conditions in the leases, action can be initiated under Rule 6(3) of the said Rules of 1994. Moreover, Section 19 of Mines and Minerals Development and Regulation Act, 1957 provides that if any prospecting licence or mining lease is granted, renewed or acquired in contravention of the provisions of the said Act or any Rules or orders made thereunder, the same shall be void and of no effect. However, recourse to the aforesaid provisions has not been taken in the cases in hand.

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