SMT. D.VASANTHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By notice dated 9th October 2019 issued by the third respondent, the petitioner has been stopped from carrying quarrying operations and the same is challenged in this writ petition.

(2.) The petitioner was granted with licence for quarrying black granite on an extent of 0.32 acres of land situated in Sy.No.200 of Marchahalli village, K.R. Nagar Taluk, Mysuru District pursuant to the quarrying lease deed dated 27th July,2006 bearing No.764 executed by the first respondent with effect from 23rd May 2006 for a period of ten years. Further, in the year 2016, the tenure of the quarrying lease was extended from ten to twenty years with effect from 23rd May 2006 in consonance with the Granite Conservation and Development Rules, 1999. Petitioner has obtained all statutory clearances for carrying out quarrying operations. The licence granted to the petitioner under Karnataka Minor Mineral Concession Rules, 1994 is still in subsistence.

(3.) When things stood thus, the first respondent has issued a notice dated 9th October 2019 (Annexure-A) to the petitioner calling upon him to stop quarrying operations immediately from the date of receipt of this notice till further orders, failing which, an appropriate action will be initiated in accordance with Rules. This notice is issued based on the communication dated 11th September 2019 issued by the Deputy Commissioner, Mandya to the first respondent , whereby ban is imposed on all forms of quarrying activities/ crushers using any form of explosives in and around 20 kms. radius from K R S Dam from 28th August 2019 till further orders by invoking Section 144 of the Code of Criminal Procedure, 1973 (for short "Cr.PC"). The Petitioner whose right to carry on quarrying activities which has been adversely affected has challenged the impugned notice in this writ petition.