DINESH SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate for the respondents in both the petitions. Considering the narrow controversy involved in these two petitions, the same are taken up together for final disposal.

(2.) Both these petitions arise under the provisions of the Karnataka Regulation of Stone Crushers Act, 2011 (for short, "the said Act of 2011"). By the Karnataka Regulation of Stone Crushers (Amendment) Ordinance, 2020 (for short, "the said Ordinance"), the said Act of 2011 was extensively amended. Sub-section (2) of Section (1) of the Ordinance provides that it shall come into force with effect from 30th March, 2020. Admittedly, the said Ordinance is valid. Both the petitions will have to be dealt with in the light of the amendments carried out to the said Act of 2011 by virtue of the said Ordinance.

(3.) In W.P. No.5405 of 2020, a licence under Section 3 of the said Act of 2011 for running a stone crusher unit was granted to the petitioner for a period of five years with effect from 20th August, 2013. Before the expiry of the said licence, on 21st May, 2018, the petitioner applied for renewal of the said licence. The first challenge in the said petition is to the decision dated 6th August, 2019 (Annexure-A) of the licencing authority. The decision is that action can be taken on the renewal application only after the necessary directions and guidelines are issued by the Government of India with regard to the issue of 'deemed forest'. It is stated in the said decision that the land subject matter of the petition is included in the list of 'deemed forests.' The second challenge in the petition is to the communication dated 22nd November, 2019 (Annexure-B). It records that only after the final decision of the Apex Court regarding 'deemed forests', an action can be taken on the basis of the application for renewal. The other prayer in the writ petition is for a writ of mandamus directing the third respondent to take a decision on the renewal application.