P. VENGANNA SHETTY AND BROTHERS REP. BY ITS AUTHORISED SIGNATORY SRI K.R.M. REDDY Vs. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT AND OTHERS

JUDGEMENT

(1.) THE petitioner is an 'User Agency' as defined under Rule 2(h) of the Karnataka Forest (Conservation) Rules, 2003. Admittedly, the impugned quarry is in the forest area, which requires the prior permission under Section 2 of the Forest (Conservation) Act, 1980 (for short 'FC Act'). 1.2. Pursuant to the approval of the Central Government dated 15/16th March, 2005 under Section 2 of the FC Act, the State Government entered into an agreement dated 4.8.2005 with the petitioner for mining iron ore in Karadikolla Village, Sandur Taluk, Bellary District over an extent of fifty hectares under the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act') in the forest area and thereafter the petitioner has obtained consent letter from the Karnataka State Pollution Control Board on 9.1.2006. 1.3. Clauses 7 and 16 of the Lease Agreement dated 4.8.2005 entered into between the petitioner and the fourth respondent -Deputy Conservator of Forests, Bellary Division, read as follows: 7. The balance 73.84 hectares forest land proposed for afforestation, which is criss -crossed with other mines/roads, shall be developed/reclaimed as a green belt/safety zone by the User Agency at project cost. The possession of this land shall remain with the User Agency as recommended by the State Government. 16. The Forest land shall not be used for any purpose other than that specified in the proposal. 1.4. As the petitioner did not submit any report complying with clauses 7 and 16 of the Lease Agreement dated 4.8.2005, by proceedings dated 24.8.2007 the fourth respondent called upon the petitioner to submit a report with regard to the reformation and rehabilitation works in its mining area as to the compliance with the afforestation over an extent of 73.84 hectares. 1.5. The petitioner, vide communication dated 20.9.2007 gave all the details regarding steps and measures taken in respect of compliance with various enactments. Being not satisfied with the explanation of the petitioner, the fourth respondent issued show -cause notice dated 10.9.2008. Of course, based on the findings of the spot inspection held on 3.12.2008, the fourth respondent by proceedings dated 20.12.2008, which is impugned in the writ petition, passed the following Order: ORDER After verifying of all the above mentioned facts, the said mining lease area of 50 hectares granted under Section -2 of the Forest Conservation Act, 1980 by the Central and State Government vide letter under reference (1) and (2) imposed certain conditions, under condition No. (7) in 73.84 hectares the green belt/safety zone was to be developed, due to non -compliance of this condition the Deputy Conservator of Forests (Central), Conservator of Forest, Bellary, the undersigned herein below, Assistant Conservator of Forest, Bellary, Range Forest Officer, Sandur have inspected the spot several times and observed non -compliance of the said condition, on several occasions, informative letters, notices, seeking reasons were issued to the said lease holder, also the violation of the conditions imposed by the Central and the State Government and the lease agreement entered in this Office is observed. The unused soil from the mining area is dumped outside the lease area and by this act the forest area is encroached and the plants therein are destroyed is noticed from the above facts. Further violated of the conditions imposed by the Central and State Governments and condition 7 and 16 of the Lease Agreement entered in this office and also violated provisions of Karnataka Forest Act, 1963 and Forest Rules, 1969. Therefore under condition 27 of the Lease Agreement until the above mentioned conditions are complied with the mining activities of the said mining lease may be temporarily suspended. As per this order legal action would be initiated and reported to this office. Sd/ - Deputy Conservator of Forest, Bellary Division, Bellary To, Range Forest Officer Sandur Range, Sandur 1. Copy to xxx xxx

(2.) COPY to xxx xxx

(3.) THE said licence holders are not conducting quarrying operation scientifically. They are doing the same In haphazard manner on account of which high walls have been formed; and further the wastage has been dumped unscientifically and therefore, it is not safe for further works of quarrying.