Karnataka High Court
M/S Zest Ferro Beneficiation Pvt Ltd vs State Of Karnataka on 23 October, 2024
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WP No. 21760 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 21760 OF 2024 (GM-MM S)
BETWEEN:
1. M/S ZEST FERRO BENEFICIATION PVT. LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR.M.SHIVARJ,
S/O SHANKRAPPA.M,
AGED ABOUT 42 YEARS,
A COMPANY REGISTERED UNDER
COMPANIES ACT,
HAVING OFFICE No. 67,
ELIGAS ONI, SANDUR (TALUK)-583119,
BELLARY DISTRICT -583119.
Digitally signed ...PETITIONER
by VALLI
MARIMUTHU (BY MS. KUSUMA R. PRASAD, ADVOCATE FOR
Location: High SRI. LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE)
Court of
Karnataka AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIRONMENT,
M.S. BUILDING,
BANGALORE 560 001.
2. PRINCIPAL CHIEF CONSERVATOR OF FOREST
FOR STATE OF KARNATAKA,
ARANYA BHAVAN,
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WP No. 21760 of 2024
MALLESWARAM,
BANGALORE 560 055.
3. DEPUTY CONSERVATOR OF FOREST,
BELLARY DIVISION,
BELLARY-583119.
4. ASSISTANT CONSERVATOR OF FOREST,
BELLARY SUB DIVISION,
BELLARY-583119.
5. RANGE FOREST OFFICER, (SOUTH),
SANDUR RANGE,
SANDUR, SANDUR TALUK,
BELLARY DISTRICT-583119.
6. DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BANGALORE 560 001.
7. DEPUTY DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
HOSPET ROAD, BELLARY-583119.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NOT TO INSIST UPON THE
PETITIONER NOT TO OBTAIN FORM-29 FOR TRANSPORTING
BENEFICIATED IRON AND MANGANESE ORE TRANSPORTED
WITH FORM-27 FROM THE FACTORY PREMISES OF THE
PETITIONER TO THE ULTIMATE BUYER OF PETITIONER IN VIEW
OF LAW LAID DOWN BY THIS HON'BLE COURT IN WP
No.56386/2017 M/S RBSSN PVT. LTD., VS. STATE OF
KARNATAKA AND WP No.9426/2020 VIDE ANNEXURES-G AND
J.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 21760 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)
The instant writ petition praying to direct the respondents not
to insist upon the petitioner to obtain Form No.29 to transport
beneficiated iron and manganese ore manufactured by the
petitioner in its factory premises by utilizing minerals sourced from
different sources.
2. Heard learned advocate Ms. Kusuma R. Prasad for learned
advocate Mr. L.M. Chidanandayya for the petitioner and learned
Additional Government Advocate Ms. Niloufer Akbar for the
respondents-authorities.
3. The petitioner is a company engaged in the business of
manufacturing iron and manganese ore concentrate used in
manufacture of Steel. The petitioner has established the
beneficiation plant at Hulinkunte Village, Sandur Taluk, Bellary
District. It is stated that the industrial unit is established with the
permissions of statutory authorities under the applicable law.
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4. It is pleaded that the petitioner processes iron ore,
mineral/manganese ore such as, milling, hydraulic separation,
magnetic separation, hydro-cyclones, tables, flotation, jigging and
concentrate thickening and convert iron ore mineral/manganese
ore into iron ore/manganese ore concentrate. The petitioner has
requisite permission to establish stock yard for stocking, storing
and using iron ore mineral/manganese ore in the factory premises.
It is stated that the petitioner is registered under Section 23C of the
Mines and minerals (Development and Regulation) Act, 1957. The
petitioner is also registered under the Integrated Lease
Management System for obtaining permits.
5. It is pleaded that the mining leases are located in Patta
lands, Revenue lands and Forest lands, wherein the iron ore,
mineral/manganese is extracted.
6. It is submitted that insofar as extraction of minerals in various
lands, the petitioner has obtained Form No.27 from various
authorities as required under Rule 145 of the Karnataka Forest
Rules. It is submitted that once Form No.27 is issued for
transporting mineral from various lands to the factory premises,
there is no requirement to obtain Form No.29 for transporting
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beneficiated ore from the factory premises to the place of the
consumer.
7. Learned advocate Ms. Kusuma R. Prasad appearing for the
petitioner submits that the petitioner has obtained Form No.27 for
transportation of minerals/ore to the factory premises in terms of
Rule 145 of the Karnataka Forest Rules. It is contended that once
Form No.27 is issued, there is no requirement under the law to
obtain Form No.29 for transportation of beneficiated ore from the
factory premises to the customer. In support, learned advocate
relies on the judgment of this Court in the case of M/s. Vijaya
Durga Devi Minerals vs. State of Karnataka and others, Writ
Petition No.29110 of 2023 (GM-FOR), decided on 04.03.2024.
8. Learned Additional Government Advocate Ms. Niloufer Akbar
appearing for the respondent-State and its authorities submits that
the judgment of this Court in Writ Petition No.29110 of 2023 is
rendered by following the judgment in the case of Rai Bahadur
Seth Shreeram Narasingdas Private Limited vs. The State of
Karnataka and others, Writ Petition No.56386 of 2017 against
which, Special Leave Petition is pending before the Hon'ble
Supreme Court in Special Leave to Appeal (C) No.13991 of 2020.
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However, learned Additional Government Advocate is unable to
dispute that the issue is covered by the judgments referred to
supra.
9. Considered the submissions of learned advocates for the
parties and perused the writ papers.
10. This Court in Writ Petition No.56386 of 2017 has held that
the respondents could not compel the petitioner to obtain Form
No.29 for lifting or removal of beneficiated iron ore from its plant for
supplying to its prospective buyers. It is further held that once the
iron order mineral is transported with Form No.27, there would be
no necessity to obtain Form No.29 for transportation and Rule 145
of the Karnataka Forest Rules does not empower the forest officials
to insist to obtain Form No.29.
11. The issue decided by this Court in Writ Petition No.29110 of
2023 and Writ Petition No.56386 of 2017 squarely applies to the
present case. Facts involved in both the cases are similar. In that
view, the issue is no more res integra.
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12. In light of the judgments referred to supra, the present
petition is to be disposed of with similar directions.
13. In view of the above, it is directed that the respondents shall
not insist upon the petitioner for obtaining Form No.29 for
transporting the beneficiated ore from the factory premises to the
ultimate buyer so far as it relates to the iron ore purchased from the
State Government and pass has been obtained in Form No.27 in
terms of the relevant Rule of the Karnataka Forest Rules.
14. The writ petition is accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
MV
