STATE OF KARNATAKA Vs. JANTHAKAL ENTERPRISES

JUDGEMENT

(1.) LEAVE granted. Heard.

(2.) THE first respondent was the holder of a mining lease (No.593/993) for the period 6.7.1965 to 5.7.1985 under registered lease dated 6.7.1965 in respect of an area of 80.94 hectares in Survey No. 35(Part) of Tanigehalli and Survey No.107(Part) of Hirekandawadi villages, Holalkere Taluk, Chitradurga District, Karnataka. THE first respondent filed an application for renewing the mining lease, on 22.6.1984, without seeking clearance under Section 2 of the Forest (Conservation) Act, 1980. THE application for renewal was rejected on 30.9.1996. However subsequently by two notifications dated 23.8.2007, the State Government accorded sanction for the first renewal of the mining lease retrospectively for a period of twenty years (from 5.7.1985 to 4.7.2005) and for the second renewal for another period of twenty years (from 5.7.2005 to 4.7.2025) subject to clearance under Section 2 of the Forest (Conservation) Act, 1980 and environment clearance under Environment Protection Act, 1986. But the said renewals have not been granted as the first respondent did not obtain the required clearances. In fact, the proposals submitted by the first respondent, for obtaining forest clearance were returned several times for not submitting a complete proposal. In view of it, the first respondent alleges that mining activity has been carried on by the first respondent in the mining lease area, after 5.7.1985.

(3.) THE first respondent thereafter filed a writ petition on 30.3.2009 before the Karnataka High Court (WP No.8094/2009) seeking the following relief: