Sri. Govardhan A Babu vs The State Of Karnataka
2021 Latest Caselaw 178 Kant

                          -1-



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5TH DAY OF JANUARY, 2021

                       PRESENT

     THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                         AND

 THE HON'BLE MR.JUSTICE SATISH CHANDRA SHARMA

       WRIT PETITION NO. 11695 OF 2020 (GM-MMS)

BETWEEN:
SRI GOVARDHAN A. BABU
S/O. D.V.C NARASIMHA MARAKADA
AGED ABOUT 48 YEARS
R/AT "SHRI SAI NIVAS"
NO. 4-195-38, MARAKADA
KUNJATHBAIL POST
MANGALURU
DAKSHINA KANNADA - 575015
                                         ... PETITIONER
(BY SHRI GIRISH M.K., ADVOCATE)

AND:
1.     THE STATE OF KARNATAKA
       REP. BY ITS SECRETARY
       DEPARTMENT OF COMMERCE AND INDUSTRIES
       VIKASA SOUDHA
       BENGALURU - 560001

2.     THE DIRECTOR
       DEPARTMENT OF MINES AND GEOLOGY
       NO. 49, RACE COURSE ROAD
       KHANIJA BHAVANA
       BENGALURU - 560001

3.     DISTRICT STONE CRUSHER LICENSING AND
       REGULATION AUTHORITY
       RAJATHADRI, UDUPI - 576104
       REP BY THE DEPUTY COMMISSIONER
       AND THE CHAIRMAN
                              -2-



4.    DEPUTY CONSERVATOR OF FOREST
      KUNDAPURA DIVISION
      UDUPI DISTRICT - 576 201

5.    SENIOR GEOLOGIST
      DEPARTMENT OF MINES AND GEOLOGY
      RAJATHADRI A BLOCK
      MANIPAL, UDUPI DISTRICT
      UDUPI - 576104
                                    ... RESPONDENTS
(BY SHRI VIKRAM HUILGOL, AGA)
                           ---
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED
EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN
LICENSE NO.SCL.25/2016-17/4402 IN RESPECT OF 2 ACRES OF
LAND IN SURVEY NO.361A/1 OF NITTE-1 VILLAGE FOR A
PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT
AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA
REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE A
CONSEQUENTIAL     DIRECTION      TO   3RD  RESPONDENT
LICENSING AUTHORITY TO EXTEND THE BENEFIT OF THE
DEEMED EXTENSION TO THE PETITIONER AS PROVIDED
UNDER THE AMENDED SECTION 5(2) AND (3) OF THE SAID
ACT OF 2011 AND ETC.

    THIS PETITION COMING ON FOR PRELIMINARY HEARING
THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:

                           ORDER

Issue notice to the respondents. The learned Additional

Government Advocate takes notice for he respondents.

2. The learned counsel appearing for the petitioner,

on instructions, states that the petitioner is not pressing the

prayer clause (A). He has placed reliance on the judgment and

order dated 20th November 2020 in Writ Petition No.9750/2020

and connected matters and has prayed that the same order be

passed in this petition.

3. The learned Additional Government Advocate

states that if the petitioner is not pressing the prayer clause (A),

the petition will be governed by the said judgment and order

dated 20th November 2020.

4. Hence, we pass the following order:

(i) Prayer clause (A) is not pressed with liberty to the

petitioner to file a fresh petition in the event the

prayer for deemed extension is not granted by the

Competent Authority;

(ii) Annexure-D dated 21st November 2019 is hereby set

aside. However, we clarify that if the concerned

Authority finds that the land subject matter is covered

by the wider concept of forest or forest land adopted

by the Apex Court in the order dated 12th December

1996 in the case of T.N.GODAVARMAN

THIRUMULKPAD vs. UNION OF INDIA AND

OTHERS, even if deemed extension of licence is

granted, the same cannot be acted upon unless

consent of the Central Government is granted as per

Section 2 of the Forest Act, 1980;

(ii) Accordingly, the petition is disposed of;

(iii) There will be no order as to costs.

(iv) The pending interlocutory application does not

survive and is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

SN