DHANANJAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) We have heard the submissions of the learned counsel yesterday and today. There was sufficient indication given to the parties that the petitions will be disposed of finally.

(2.) In W.P.No.51135/2016, what is impugned is the endorsement dated 2nd September 2016. By the impugned endorsement made by the District Commissioner of Mandya District, it was observed that quarrying lease cannot be granted to the petitioner in the light of the requirement of Section 2 of the Forest (Conservation) Act, 1980 (for short 'the Forest Act'). The first prayer in the petition is for quashing the said endorsement. The other prayer is for a declaration that the property subject matter of the petition is not a deemed forest or a forest as wrongly held by the Deputy Commissioner. We must note here that in the year 1998, an application made by the petitioner for grant of quarrying lease was rejected. That decision led to a litigation as mentioned in the petition. In the earlier round, this Court directed reconsideration of the application made by the petitioner. The endorsement impugned is on the basis of the said order. In the objections filed by the respondents, it is specifically contended that the land subject matter of the petition is a deemed forest land in terms of the Notification dated 4th March 1982 which is a notification issued by the Special Deputy Commissioner of Mandya District. It records that a list of lands appended to the notification have been transferred to the Forest Department.

(3.) In W.P.No.54476/2016, the petitioner has taken an exception to the order dated 18th December 2015 passed by the Deputy Director rejecting the application for renewal of quarrying lease on the ground that the land in respect of which renewal of building/stone quarrying lease was sought has been included in the list of deemed forests and that there is a proposal to notify it as a Forest under Section 4 of the Karnataka Forest Act, 1963 ('for short 'Karnataka Forest Act'). The prayer in this petition is for quashing the said order and for a direction to renew the quarrying lease for a period of twenty years.