TUNGABHADRA STONE CRUSHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was granted a quarry license for quarrying building stone. The said quarry lease was renewed in the year 2014 and on 5/11/2018 was deemed to be renewed for a period of 20 years. The Conservator of Forest issued a Memorandum dtd. 15/9/2020 to the petitioner on the ground that the area under the mining lease is overlapping the forest land. The petitioner, thereupon, submitted a reply on 16/10/2020.

(2.) Thereafter, the Deputy Director of Mines & Geology directed the petitioner to suspend his mining activity till the receipt of the report from the Deputy Conservator of Forest, Davangere. The petitioner, thereafter, submitted a representation to resume the mining activity. Since the said representation was not considered, the petitioner has filed the petition seeking quashment of the memorandum dtd. 15/9/2020 as well as the quashment of the letter dtd. 5/1/2021 issued by the Deputy Director of Mines & Geology, in so far as it pertains to quarry lease/license No.96.

(3.) Learned Senior Counsel for the petitioner submitted that an enquiry needs to be held to ascertain whether the area held by the petitioner under the quarry lease/license is included in the forest area. It is further submitted that no survey has taken place, and therefore, the direction issued to the petitioner to obtain permission under Sec. 2 of the Forest Conservation Act, 1980, is per se erroneous.