OBLI GRANITE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner has challenged the dire:tions issued by respondent No. 1, conveyed by its officers directing it to stop the quarrying operations with immediate effect.

(2.) On 20-8-1979, the Government of Karnataka in exercise of the powers conferred on it by the Karnataka Minor Mineral Concession Rules, 1969 (hereinafter referred to as the Rules) accorded sanction for quarrying on an extent of 4 ares in the forest area called Pachamalai Forest Area, M. M. Range in favour of the petitioner. In pursuance of the said grant, a lease deed was also executed on 18-9-1979 specifying the exact area granted to the petitioner. On 3-10-1979, the Divisional Forest Officer, Kollegal, (hereinafter referred to as the D.F.O.) by his order No. EXP. G1. 2513/77-78 dated 3-10-1979 (Annexure-B) permitted the petitioner to exploit the mineral available on the area leased to the petitioner, from which day it has been exploiting the mineral in the said area. On a petition made by one Hind Nippon Rural Industries (P) Ltd., Government and its subordinate officers by a telegram dated 23-7-1980 directed the petitioner to stop the quarrying operations in the area leased to it, in these terms : . "Stop the work being done by M/s Obli granite in the area forthwith."

(3.) On receipt of the aforesaid direction the petitioner presented a petition on 29-7-1980 before the Government (Annexure-D), inter alia undertaking to exploit the mineral and store the same in the area pending adjudication of the complaint made by Hind Nippon Rural Industries (P) Ltd. On an examination of that representation, Government made an order on 31-7-1980 lifting the ban on the terms and conditions stipulated in that order. Among others, the said order directed that the petitioner should not remove the quarried material from the site and that it should execute a suitable bond to that effect, with which the petitioner complied and commenced quarrying operations. On a further complaint made by Hind Nippon Rural Industries (P) Ltd., Government on 8-8-1980 has directed its officers to stop quarrying operations carried on by the petitioner and on that basis the Range Forest Officer has issued a communication on the next day (Annexure-F).