CHUGIRI MINERALS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents.

(2.) The petitioner made an application under sub-section (2) of Section 3 of the Karnataka Regulation of Stone Crushers Act, 2011 (for short 'the said Act of 2011') read with sub-rule (1) of Rule 3 of the Karnataka Regulation of Stone Crushers Rules, 2012 (for short 'the said Rules of 2012'). The application was made in Form A1. It is not in dispute that the said application is still pending. Our attention is invited to Annexure - T which is a letter dated 30th November 2017, addressed by the Deputy Conservator of Forest, Mandya Division, Mandya. The application made by the petitioner is in respect of the land in survey Nos.77 and 89 situated at Ganga Samudra village, Nagamangala Taluk, Mandya District to the extent of five acres. In the said letter dated 30th November 2017 at Annexure - T, the Deputy Conservator of Forest has stated that land in survey No.77/P1 is included in a deemed forest area. The prayer in this petition filed under Article 226 of the Constitution of India is for setting aside the communication at Annexure - T and to issue a writ of mandamus directing the concerned authorities to issue a certificate of consent of safer zone in accordance with sub-section (3) of Section 4 of the said Act of 2011.

(3.) Our attention is invited to the Karnataka Regulation of Stone Crushers (Amended) Ordinance, 2020 (for short 'the said Ordinance of 2020') whereby by amending Section 3 of the said Act of 2011, Sub-sections (2), (3), (4), (5), (6) and (7) of Section 3 have been omitted. Therefore, the learned Additional Government Advocate rightly suggests that now the application made by the petitioner will have to be considered as fresh application for grant of license made in accordance with sub- section (1) of Section 3 read with sub-section (1) of Section 4 of the said Act of 2011.