V.SAMPANGI RAMAIAH Vs. DIRECTOR/COMMISSIONER

JUDGEMENT

(1.) In this writ petition, the petitioner has assailed the order dated 30/07/2011 passed by the second respondent Joint Director and Revisional Authority, South Zone, Mysore (Annexure "A") and has sought a direction to extend the validity of the lease for the period for which the petitioner was illegally prevented from carrying on quarrying activities. during the subsistence of the Quarrying Lease Deed No.105. A direction is also sought for renewal of the quarrying lease to the extent of 10 Acres, for a further period of ten years.

(2.) It is not in dispute that the petitioner was granted a quarrying lease in respect of 12.30 Acres of land bearing Sy.No.601/A-1 of Mudigunda village, Kollegal Taluk (for short, "the quarry"). According to the petitioner, the quarry is in the revenue land and he had been carrying on quarrying and stone crushing operations after obtaining all relevant statutory clearances for setting up of a stone crushing unit on the land and by making substantial investments. The stone crushing unit became operational in August 2004. When the matter stood thus, the petitioner received a notice dated 08/07/2005 issued by the Divisional Forest Officer, Kollegal Division, calling upon the petitioner to stop all quarrying operations and also to discontinue the stone crushing unit within 24 hours. The same was assailed in W.P.No.17941/2005, which was allowed by order dated 16/08/2007 and the notice was quashed.

(3.) During the pendency of the aforesaid writ petition, third respondent Deputy Director, Department of Mines and Geology, Chamarajanagar Division, Chamarajanagar, cancelled the lease which was assailed in Revision Petition No.325/2005 before the second respondent Joint Director. The same was allowed by order dated 03/10/2007.