B R GANAPATHI SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are filed impugning the order dated 29.6.2018, passed by the Additional Chief Secretary, Department of Forest, Ecology and Environment, respondent No. 2 (referred to as 'Impugned Order dated 29.6.2018') reviewing the earlier order dated 21.12.2015 published in the Karnataka Gazette bearing No. 1768, Part IV-A dated 30.12.2015 (referred to as, 'Notified order dated 21.12.2015'). Though all the petitioners have called in question the Impugned Order dated 29.6.2018, and as such their grievances are similar, they are differently placed as regards the impact of the Impugned Order dated 29.6.2018 on their respective rights.

(2.) The petitioner in WP No. 29328/2018 is a lessee of an area measuring 10.53 hectares in survey No. 130 (Part) of Honnebagi Village, Chikkanayakanahalli Taluk, Tumkur District. The lease granted in favour of the petitioner is renewed under a registered Mining Lease Deed for a period of 20 years from 30.12.2003 to 29.12.2023. The petitioner has obtained the consent for operation from the Karnataka State Pollution Control Board under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 - valid until 30.6.2021. The petitioner has approached the Monitoring Committee, Department of Mines and Geology by filing application dated 4.3.2016, for Work Permission to resume and recommence the mining operations in the aforesaid land. The petitioner has asserted that the aforementioned land is a Government class 'C' and 'D' land, and not a 'forest land'.

(3.) The petitioner, filed writ petition in W.P. No. 12737/2017, seeking directions to the Monitoring Committee, Department of Mines and Geology, to consider the petitioner's application dated 4.3.2016 for Work Permission. The petitioner relied upon the Notified order dated 21.12.2015. The then Additional Chief Secretary, Department of Forest, Ecology and Environment, Government of Karnataka, vide this Notified Order dated 21.12.2015 had concluded that the State Government, as part of its policy, had issued different orders/circulars/proceedings for (i) retransfer of all 'C' and 'D' class lands (except those that were already notified as 'Reserve Forest') from Forest Department to the Revenue Department, (ii) clarifying that as of 3.1.1991 that the status of 'C' and 'D' class lands stood resumed/vested in the Revenue Department, and therefore all 'C' and 'D' class lands transferred to the Forest Department stand resumed to the Revenue Department as on 3.1.1991 with the sole exception of 'C' and 'D' class lands which as of 3.1.1991 were notified by the Forest Department as 'Reserve Forest' under the provisions of the Karnataka Forest Act/Rules and that the Forest Department cease to have control over these lands.