Karnataka High Court
M/S Bellary Steels And Alloys Limited vs Ministry Of Environment And Forest And ... on 15 January, 2025
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WP No. 29584 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 29584 OF 2024 (GM-MM-S)
BETWEEN:
1. M/S. BELLARY STEELS AND ALLOYS LIMITED
A COMPANY INCORPORATED UNDER
INDIAN COMPANIES ACT, 1956
WITH ITS REGD. OFFICE AT
M/S. B.S.R.M., S.NO. A-890
ANANTHAPURA ROAD, BALLARI
BALLARI - 583 101.
REP. BY ITS DIRECTOR
MR. S. SHIVARAMPRASAD
AGED ABOUT 55 YEARS.
...PETITIONER
(BY SRI S.S. MAHENDRA, ADVOCATE FOR
Digitally
signed by SRI E. VINAY KUMAR, ADVOCATE)
PRABHAKAR
SWETHA AND:
KRISHNAN
Location: 1. MINISTRY OF ENVIRONMENT
High Court AND FOREST AND CLIMATE CHANGE
of Karnataka UNION OF INDIA, REGIONAL OFFICE (SZ)
KENDRIYASADAN, 4TH FLOOR
E AND F WINGS, 17TH MAIN ROAD
KORAMANGALA II BLOCK
BENGALURU - 560 034.
REP BY ADDITIONAL PRINCIPAL
CHIEF CONSERVATOR OF FOREST (C).
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WP No. 29584 of 2024
2. THE STATE OF KARNATAKA
REP. BY ITS ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIRONMENT
M.S. BUILDING
VIKAS SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
AND NODAL OFFICER
FOREST CONSERVATION
ARANAYA BHAVAN
18TH CROSS
MALLESHWARAM
BENGALURU - 560 003.
4. THE CONSERVATOR OF FORESTS
BALLARI CIRCLE
KALAMMA STREET
MOTHI CIRCLE
BALLARI - 583 101.
5. THE DEPUTY CONSERVATOR OF FORESTS
BALLARI DIVISION
BALLARI - 583 102.
6. THE RANGE FOREST OFFICER
SANDUR NORTH RANGE
SANDUR - 583 119.
7. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 001.
8. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
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WP No. 29584 of 2024
BALLARI - 583 101
BALLARI.
...RESPONDENTS
(BY SRI SHANTHI BHUSHAN H., DGSI FOR R-1 &
SMT. NILOUFER AKBAR, AGA FOR R-2 TO R-8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT
No.1 TO 6 TO CONSIDER THE BOTH THE APPLICATIONS
DATED 06.03.2024 AT ANNEXURE-A AND DATED 02.05.2024
AT ANNEXURE-B TO ISSUE SUITABLE DIRECTIONS TO THE
RESPONDENTS Nos.3, 4 AND 5 TO EXECUTE FOREST LEASE
AGREEMENT IN FAVOUR OF PETITIONER WITHIN A PERIOD
OF TWO WEEKS AND TO PERMIT THE PETITIONER TO START
THE MINING OPERATION & ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WP No. 29584 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. S.S. Mahendra for learned
advocate Mr. E. Vinay Kumar for the petitioner and learned Deputy
Solicitor General of India Mr. H. Shanthi Bhushan for respondent
No.1 and learned Additional Government Advocate Smt. Niloufer
Akbar for rest of the respondents who are the State and its
authorities.
2. The present petition is filed seeking a direction against
respondent Nos.1 to 6 - authorities to consider the applications
dated 06.03.2024 and 02.05.2024 submitted by the petitioner and
thereby to issue suitable directions to respondent Nos.3, 4 and 5 to
execute the Forest Lease Agreement in favour of the petitioner.
3. The case of the petitioner stated in nutshell is inter alia that
the petitioner applied for grant of mining lease as per the
application dated 27.09.1993 for extraction of iron ore. The prior
approval was granted on 10.11.1997 by the Ministry of Mines,
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Government of India as required under Section 5(1) of the Mines
and Minerals (Development and Regulation) Act, 1957. It is the
case of the petitioner that it was also given Stage - II clearance for
a period of twenty years co-terminus with the lease granted under
the 1957 Act.
3.1 It is the further say of the petitioner that it obtained necessary
permission from the Karnataka State Pollution Control Board and
consent for establishment dated 28.06.2024 was also issued.
Further, the Mine Development and Production Agreement was
executed in favour of the petitioner on 27.02.2024 and a
rectification deed titled as mining lease was also executed in favour
of the petitioner on 15.03.2024.
3.2 It is stated that pursuant to the completion of the formalities,
the petitioner approached the Deputy Conservator of Forests,
Bellary Division for execution of agreement under the Forest
Conservation Act, 1980 in respect of Sanctioned Mining Lease
No.003/2017 by submitting the representation dated 06.03.2024.
4. Since no action is taken, the present petition came to be filed
with the prayers as aforesaid.
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5. Having considered the facts pleaded, the prayers made in
the petition and having heard learned advocates for the respective
parties, the Court finds that the application made by the petitioner
for executing the Forest Lease Agreement is pending consideration
and the competent authority of the respondent will have to examine
and consider the same on merits.
6. Therefore, this petition is disposed of by directing the
competent forest authority to look into the prayer of the petitioner
for execution of Forest Lease Agreement in accordance with law
and on merits. The competent forest authority shall consider the
application of the petitioner and shall complete the exercise by
deciding the same on merits within a period of six weeks from the
date of receipt of the certified copy of this order.
7. The present petition stands disposed of in the aforesaid
terms.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
KPS
