MURUDESHWARA CERAMICS LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) Respondent Nos. 13 to 22 filed a writ petition in the High Court to restrain the appellants from putting up any construction, digging of Well or carrying out any activity or establishing and putting up of a clay processing industry in the land comprised in Survey No. 23 of Varakodu Village, Hosangar Taluk, Shimoga District in the State of Karnataka and for a direction to the appellants and respondent Nos. 1 to 12 to appoint a commission for scientific study of the environment and ecology in the area for establishing of clay processing unit in the land in question or in any other land in Sahyadri mountain range or the entire western ghat with reference to the feasibility of mining and establishing industry. They also alleged that there has been contravention of the provisions of the Karnataka Land Reforms Act, 1961 [hereinafter referred to as 'the Act'] in addition to the enactments made for protection of the environment and ecology like the Karnataka Forests Act. Karnataka Preservation of Trees Act and Forests Conservation Act. The land was purchased by appellant No.2 from the descendants of one Seetarama Maruti under a registered sale- deed dated 22-2-1997. Appellant No.2 also happens to be the Executive Director of the appellants No.1 company.

(3.) The High Court found that various permissions, licences or clearances obtained from different authorities are not in accordance with law and set them at naught. The High Court also held that the acquisition of land by appellant No.2 is in contravention of the provisions of the Act. As regards sustenance of ecology and environment, the High Court directed a scientific study to be conducted. The High Court directed initiating proceedings under Sections 82 and 83 of the Act. Hence these appeals.