Sri Maruthi Associates Vs the State of Karnataka

SRI MARUTHI ASSOCIATES A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT HAVING ITS OFFICE AT NO.388, NEETHI MARGA, SIDDATHANAGARA, MYSORE - 570 011 REPRESENTED BY ITS MANAGING PARTNER SRI J. HARI KUMAR S/O. SRI JAVARE GOWDA AGED ABOUT 46 YEARS

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…PETITIONER

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(BY MS. KUSUMA R. PRASAD, ADVOATE FOR SRI LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, (SSI, TEXTILES AND MINES) VIKASA SOUDHA BENGALURU - 560 001

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THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FOREST M.S. BUILDINGS BENGALURU - 560 001

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DEPUTY CONSERVATOR OF FORESTS MANDYA SUB-DIVISION, DEPARTMENT OF FOREST, MANDYA DISTRICT MANDYA - 571 401

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THE DISTRICT STONE CRUSHERS LICENSING AUTHORITY AND REGULATION AUTHORITY REPRESENTED BY ITS CHAIRMAN, DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 401

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY AND THE MEMBER SECRETARY, DISTRICT STONE CRUSHERS LICENSING AUTHORITY AND REGULATION AUTHORITY VIDYA NAGAR, FIRST CROSS MANDYA DISTRICT, MANDYA - 571 401

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN NOT CONSIDERING THE APPLICATION OF THE PETITIONER FOR GRANT OF FORM-C FOR ESTABLISHING STONE CRUSHER UNIT IN THE SCHEDULE PROPERTY IN TERMS OF HIS APPLICATION DATED 18/09/2018 VIDE ANNEXURES-M AND M1 AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned advocate Ms. Kusuma R. Prasad for learned advocate Mr. Lakamapurmath Chidanandayya for the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar for the respondents..

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Filed under Article 226 of the Constitution, this petition seeks a prayer for considering the application of the petitioner for grant of Form C for establishing stone crusher unit. It is next prayed to direct respondent No.4 - the District Stone Crushers Licensing and Regulation Authority, as well as respondent No.5-the Senior Geologist, Department of Mines and Geology, Mandya to consider the application of the petitioner. The petitioner also wants direction against respondent Nos.1 to 3 from claiming the scheduled property as a Forest Land or as a Deemed Forest and further to

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declare that the property is not a deemed forest.

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Noticing the facts, the basic premise of the petitioner is that the respondents are required to consider the application of the petitioner in respect of grant of licence in Form C in Sy. No.185/P1 which became Sy. No.200 (after durast ) of Hangarahalli Village, Arekere Hobli, Srirangapatna Taluka, Mandya District, treating the same as patta land granted by the State Government. The petitioner stated that the history of transfer of the said land was a vast extent of land which was earlier given by Amaldar of Srirangapatna Taluka to different persons for carrying out agricultural operation. Thereafter, one Dasegowda filed an application for grant of 4 Acres of land, out of the said Sy. No.185 of Hangarahalli Village. Finally, it came to the petitioner.

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3.1 While issuing notice the following order was passed on 27.05.2024, which reflects on the controversy,

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"The petitioner is intends to establish a Stone Crusher Unit.

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In this writ petition, interconnected prayers are made. First prayer is to direct the respondent–authorities to consider the application of the petitioner for grant of Form-C treating the property on which the petitioner wants to establish the unit, to be a ‘Patta’ land. The second prayer is to grant such certificate for stone crusher unit in view of the application of the petitioner

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dated 18.09.2018 made for the purpose. The third prayer is to direct the respondent–authorities not to treat the land as ‘forest land’ or as a ‘deemed forest’.

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The authorities have taken a stand that Survey No.185 situated at Hangarahalli Village, which is now being claimed by the petitioner, is a ‘deemed forest’ and therefore, the stone crusher activity could not be permitted in the area.

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Learned Government Advocate Mr. S.S.Mahendra invited the attention of the Court to the communication dated 18/19.12.2023 from the Department of Mines and Geology which is indicative of the stand of the authorities inter alia that the report was submitted by the Forest Department stating that the original Survey No.400 is a ‘deemed forest’ area and that the report was to be submitted in this regard."

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3.2 The respondents were specifically directed in the aforesaid order in paragraph 6, to clear their stand as to whether the land is treated as deemed forest and also to place on record the subsequent report which was submitted to the forest department.

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In response to the aforesaid order, affidavit in reply was filed by respondent-authorities, in which it is stated that pursuant to the order of this Court, committee was constituted with the Deputy Conservator of Forest as its Head to conduct joint inspection of survey in respect of Sy. No.351 of Mundugadore Village also in respect of Sy. No.185 of Hangarahalli Village. It was stated thus in paragraph 4,

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"…for identification of 400 acres of Deemed Forest / Forest land out of total extent of 532.35 acres in Sy. No. 185 of Hangarahalli Village, Arakere Hobli, Srirnagapatna Taluk, Mandya District, the officials of Revenue Department, Department of Survey, Settlement and Land Records and Forest Department jointly visited the spot on 04.10.2024 and carried out the survey demarcation of amongst other surveys, the Sy.No.185 over an extent of 532.35 acres and identified 400 acres of Forest land, (outlines in red colour) 60 acres of land acquired by KIADB (outlined in blue colour) and 72.35 acres of Revenue Land. Further the area applied by the Petitioner for establishment of Crusher Unit falls within the 72.35 acres of the Revenue Land (outlines in green colour). The Survey sketch was drawn and signatures of the concerned officials affixed on the said sketch of ReSurvey No. 185 measuring total extent of 532.35 acres of Hangarahalli Village, Arakere Hobli, Srirnagapatna Taluk, Mandya District..."

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The above stand of the State makes it clear that the area applied for by the petitioner for establishment of crusher unit falls within 72.35 Acres of the revenue land (outlines in green colour).

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Learned Additional Government Advocate submitted that the State Government will consider the application of the petitioner in light of the above observations and the findings in the report.

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