High Court Karnataka High Court

M/S.Sri. Shanthipriya Minerals … vs State Of Karnataka on 25 June, 2009

Karnataka High Court
M/S.Sri. Shanthipriya Minerals … vs State Of Karnataka on 25 June, 2009
Author: P.D.Dinakaran(Cj) & V.G.Sabhahit
At t_ Btanggaiore -- 560 001 

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 25m DAY or JUNE 2oo9_'t:  T.

PRESEET

THE I-ION'BLE MR. P.D. DINAKARAN; CHIEF J'£fVS:"I'.I_¢VI'.-27*  

AND _
THE HON'BLE MR.JUsTIcE:V.G. sAEHm?--11T1T;'Vt'   
WRIT PETITION No.994s %oT£'t2eGéj§gM--MMT4s'1tV

Between:

M /s. Sri. Shanthijeffirai'Mtner'al's.§(P}.I;tci;-; 

Registered under the"-C.p»mpanie's-- Act, 1956,
Represented  .Manafg'er, ' GPA Holder,
Sri. Ramakrishna CVh§;a~n_a1n»Settyvm' -

S / o. Venkateshwara Raogy   -~

Aged about 33 years,   '

Hospet. -V ' PETITIONEJR
(Eyes. D...i}'.,RaQ -- AdV.""fo'r Petr.)

AND'   t

    State 

Represe1nte'd'  its Secretary

..  'Department of Forest, Ecologr 85 Environment
V   Building,

 'Bf; Ambjé;-dkar Veedi



2. The Forester,
N.E.B. Division,
Sandur Range, Bellaxy.

3. The Range Forest Officer,
Sandur Range,
Sandur, Bellary District.   

4. The Deputy Conservator of Forests, 
Bellaxy Division, Bellary.

5. The Director of Mines 8; Geology,  
Department of Mines 85 Geolog/,0.-----  
"Khanija Bhavan", 5th Floor;._ 'V V ,  ~  
Race Course Road, Bangalore»-56.0,i':001§' :2'   .

6. The Deputy Director     2
Department of     
Hospet.  ""      RESPONDENTS
(By Sri.Basav'araj. Govt. Adv. for Respts.)
This ;w--ri.t petitionis fiiedihunder Articles 226 and 227 of

tlieiflons-titution  Indiapraying that this Court be pleased to
quash the .If'ir_stiIv11fo1*mation Report dated 19.02.2009 bearing

 FOC  filed by the second respondent in the

i7,FCiot1rt of the .IMFnC,ASandur, vide AnneXure--L and to quash the
_.  ordere dated 19.02.2009 passed by the second

 vide Annexure~K and etc.,

  .0  writ petition coming up for preliminary hearing this

  the Court delivered the following»

 



JUDGMENT

(Delivered by P.D.Dinakaran, OJ.)

1) Whether the report of the Lokayukta .

basis for registering the First Inforrnation

19.02.2009 against the petitioner and to

19.02.2009 seizing the iron ore allegedgg to here

in the forest area as Well as the tools, ipvehircles and.1_na,o§hinery
used for such illegal miningljand0W1fi–e1.he1″.i.i:s1,ichV FER and the
order of seizure the power of

judicial revieyv .Articie’«22’6__ of the Constitution of India,
are the questionsi that our consideration in the

present “petition”. ~ V

:2)’ is a registered Company under the

iixct, 1956. Originally, the Government of

-..i.i’_Mysore executed a mining lease to an extent of 200 Acres

‘:~.l.l(80.9i’2v}:1et;tares) in R.M. Block, Sandur, Bellary District, in

. ‘ii.ia§§firgg’.%o£ K.C. Thimma Reddy, for a period ending upto

094.308.1976. The said mining lease came to be renewed on

J/,.. ._

?”w…

20.03.1991 by virtue of mining lease No.2119 for a period of
ten years. Subsequently, the said mining lease was
transferred from K.C. Thirnma Reddy in favour offthe

petitioner on 29.11.1991.

3) The undisputed factual rnatripxmof the*c’ae:éj*’arei:t}w:a’tit ‘”9

the impugned iron ore mining is 1ocated_wi?_thiri the forest

and the same is governed by the’~.p.rovis~ions, oi”,:t11ev…Foresti
(Conservation) Act, 1980 (for short__’_the:_F–C_ Act’)~–rec1uiring the

prior approval of the CentralC2overn:mentijVun’d–er Section 2 of

the FC Actflfor oifthe. forest land for non–forest
activity, viz. which had also been granted by
the Central “Government; that pursuant to prior approval of

I{ar’n.atal_raA,.P’.orest Department, the petitionerhas entered

into the fourth respondent-The Deputy

i’v:’,gConservator Forests, Beliary Division; that the petitioner

_ .fafteri.,:obtainin”g the lease and also after having complied with

‘*.’=..tiiej,’_. mandatory provisions, has been conducting mining

‘ operations in its leased area and within the

area demarcated

gm

5

by the Department of Mines and Geology; that the peti’tio_’ne’1–f_
has a subsisting lease as on date; that the violation *
conditions of the lease agreement were’t>vc0.rnp.laiinied.-Toagainst it

the petitioner and the same was recorded the

Lokayukta and that based on su<::_:h~.0_alleigatio'n,Aii

respondent registered First Inforrfration Rieport/E dated

19.02.2009 for alleged forestiiloffenoesiii}

4) In this behalf of the

petitioner that:

(i} the __ -irinipugned”«v:0i_’proceedings–FIR dated
2009i A ” “seizure order’ dated
g119.o2′;’2009Vereiileeie to be quashed, as the

is i’or11yV___based upon the report of the
which is yet to be accepted by

tl1e”‘e(}ovVern’ment;

V . (ii) the boltayukta report cannot be put against
V the petitioner, as the petitioner was not
it jifggiveri any opportunity of being heard before

th L k kt ;

e o ayu a ._

(iii) assuming the respondents propose to

action based on the Lokayukta report,__-the ‘i”

second respondent ought to have given_:ian
opportunity to the petitioner toreggplain -i.t_s*_ V
case against the findings iniithé.Lokay’u,kta. «. V’

report;

(iv) assuming the respondentsri1*iaiie__got’power:

to initiate action A.:petitioner
under section 62.4′: ithie Forest
Act, ‘iA<:t?_l,«iit11e same
ought exercised
arbiitra:i'i1_i3i/i,iibgillegailgif it unreasonably

againstiptldet — i
5.1) Per contra, iear1i,ed«.:_iGoVernment Advocate submits
that,the,_':pI}o1;ay1iktairepnrtv being a report submitted by a

Statutory can be the basis for filing an FIR and the

iciannoti disregarded. The learned Government

_i_if_Apd'Vocate brought to our notice that before preparing the

ii._i_iSateiI'itejiiiiagery, the Lokayukta Team has conducted ground

it iiigsurvieyiigiand prepared survey sketch of the boundaries and

'i with other documents and other necessary input have

7

been given to the Karnataka State Remote

Organisation for preparing Satellite imagery. .

Government Advocate, based on the instructi.ons the it

Principal Chief Conservator of Forests, thatl:’i:–héi1.c_’

Satellite imagery and the sketch p–repa.1l”edl ‘there:on{_’vonVV the

basis of the GPS is one of the technicalvctools for “i«de_nti_fication
of encroachment at macro. lilevel. 1I9I’o’v»reve_r, the actual
boundaries of the leased out.’a1’ea:”Wou_ld deterrnined at the

micro level by the T . it
5.2} It ‘contended that the mere fact that the

petitioner was “‘-not Lokayukta cannot be a

ground toficontend lthaitl no: legal action can be initiated by ‘

filing persons who had committed illegality.

The need not by itself be conclusive

vl’7_evid.ence initiating action by way of filing FIR against the

.1 .1l_§’eI’spns ‘iwholllhad committed illegality, but still could be a

ii’-ll’_v~basi’s setting the law into motion by filing FIR against

hall”-._illeglallrnining in the forest area and to seize the illegally

{, …… ._._,_N_?m\:

mined iron ore and tools, machineries and vehicles used for

such illegal mining. Filing an FIR is only an initiatiorrof

action against the petitioner and the respondent _

investigate into the matter and therefore the pet£–tiron~er”‘is noted

entitled to seek quashing of the FIR on at

that the respondent do not propc;se..__to irivgstigatevvlthe.xriatterl
or that the respondents have already-_inv_estigate_d’, but have
not found any evidence againt-it_tIie Therefore, the

prayer to quash the FIR is premature l K

5.3) The “aG’oVeniment Advocate further
contends thatneitherlthe’ application for issuance of
Forest Tra§1risi’t.Pass”‘(e’i?flf’I”, for short) nor issuance of the FTP

nor Way Permits under Rules 146 and 149 of

the by itself would not be a ground to

vfpreiect the” Lo’l§ay’dl<ta report. The alleged infirmity between

4: lufieldetngapvllsketch and the Satellite report also cannot be a

tojreject the Lokayukta report or to quash the FIR

' -.__dated"ii9.02.2O09 and the seizure order dated 19.02.2009 as

r .

the second respondenvauthority is still continuing

investigation.

5.4) The learned Government

submits that the respondents are reaclfditoligivegn~ot–ic:e-.t0Vp:thVe_

petitioner before such field survey an’c1Ailinspecti.c.n” in

presence of the petitioner and Controllger of:
Bureau of Mines, Bangalore;V.«_ alo’ng:_ norninee, not
below the rank of the Director
General, Survey of” that’ there
cannot be any the petitioner to continue
the mining area and to return
the seized; “niachin’eri_esl for ‘such purpose, but without

plrejudicevilto of the forest authorities taking action to

seize “a_n'{:l__«co’n’f_iscate” the tools, Vehicles and machineries,

vfgsubject the findings of the joint inspection and further

4: .invevstigationVVinto the matter to be made in the presence of

dill.”V..theffpetitio’ner, Controller of Mines, Indian Bureau of Mines,

i’l”»..__Bang’aIore, along with the nominee of the Director General,

‘,»¢Ir'”‘fi§l@I __

10

Survey of India, who is not below the rank of a

Director, after giving notice to the petitioner.

5.5) Learned Government Advocaterippfurther “‘si1’ornits:,e_*i

that the seized articles would be’ r.eturried’ 2 to the petitioneri

provided the petitioner gives an to the
possession of the machinery as
and when required bythe respanden-tior”.h.qrthe’r:.investigation
or by the as well as for
seizure and might be initiated
by the the provisions of the

Forest Act, if necessary-, inifeitiirei.

view.._of the’above rival contentions, the following

queisutiorzs, ‘wh.ic}1..”are” similar to those raised in Writ Petition

2QOh§’i.v_disposed of on 13.4.2009, arise for our

.,i_cons’i.deration in this petition:

(Ii? Whether the report of the Lokayukta can

be the basis for the impugned FIR dated

‘ ?\~.

33

19.02.2009 and the order of seizure dated”
19.02.2009? 0 ”

(II) Whether it is proper for this

exercise the power of review

under Article 226 of the ‘2Coi1..st”itutin_r1–.o£ ”

India to quash the:_”‘First””..Ir1forn:etig.;1.

Report dated 19.02.20029~?h’

(111) Whether the vreeayoihdent is
empowered to seizevfi the”~.V’rrt§c–hinery,
equipmerit..VL:Vj’– iron. Lore vehicles
belorr.gix12_gV t9–‘:V’_Vthe._V-pietitiorier. by an order
qateiae ..1}~9.0éf;V2009¢;–r so.’ “herring committed
illegal en21i:iirrg».vop_era;tion in the forest
area?’_ = V .2 V’

7) decidin,g____th.e above mentioned questions, in
Peti’tion._No.’3:8″12_ of 2009 disposed of on 13.4.2009, we
* have ‘as
0 f’6—-.}) 0.-.;e… No.1
V A Whether the report of the
‘ ‘Lokayukta can be the basis for the

impugned Fm dated 03.02.2009 and
the order of seizure dated 03.2.2009?

14

conclude that at prima facie stage, no case was made

out.

6.5) Similarly, it is settled law that the electronic

evidence is admissible in evidence. It may also be ;not« .. 5. »

proper for this court to jump into the conclusion”thatf.

the respondents are not entitled to place.relianceivupo;rt be

the satellite imagery, as the electronic’eivtdencel

admissible in evidence; but the samexhas to; be i’

substantiated by the responden_ts*~in the trial_

the competent court and the petitioineris also “entitled
to rebut the same so thatthe rule of law would prevail.
Therefore, to contend that it.t.wouldi not_._be for the

respondents to initiate alawful action based on the

Lokayu}cta_ .,or’.,the,:satellite sketches enclosed
therewith. against acts alleged to have
been committed by the petitioner by illegal mining

operationencroaehing into the forest area in violation

‘ th–e:’co.nditions of thellease agreement entered by the

ipetitioneriiivith’ ~-the respondents-forest authorities,

‘lacks,’legal_”_sanetity; because this is not a case where

the”-«.respvondents propose to shut down an activity

lfigwhich “is’1carried on by the petitioners lawfully, but

2..fl.uinjortunately, it is the case of the respondents, of

be course based on the report of the Lokayukta, that the

Petitioner has allegedly violated the maintenance of

ecology and environment; and whereupon the

E5

observance of the laws enacted to protect the

environment and ecology is sought to be ensured.

6.6) When the Lolcayukta finds fault against the

executives for their failure to implement such laws to

protect the environment and ecology, the petitioner

projects the grievance against the executives for acting’ .. »

upon the Lolcayukta report. But, under

circumstances, in our consideredw’ npini49n,’th,e it

executives should have a free hand.__to:_proiceed with

investigation fitrther into the matter ire do theirlviuty ”

conferred by law and by people,”*~particuwlarlyAgiizhénh”

faced with money-power manfipowerii.

Otherwise, the respect’_fo.r’%«.lau.fVA and” would be

lost.

6.According°to respondents, the petitioner

has encroached into the forest area which is outside

.. .. _Athe..’:leasbed out area;’v—Learned Advocate General invited

attentionithat when the leased out area has been

the satellite map, the encroachment

of the forest ‘area stands clearly established; and that

the satellite imagery obtained from the Karnataka

. ._mE3’tate Remote Sensing Application Centre, which is a

b agency for the entire State with regard to GPS

and remote sensing, would prima facie show that the

it “petitioner had encroached upon the forest area,

outside the leased out area which is an ofience by

16

itself and the authorities are duty-bound to prevent
such illegal encroachment and mining operations apart
from seizing the machineries and to confiscate the_”-i.”’– ”

same by appropriate proceedings.

6. 8} Once there is prima evide_nce__to shout)’
the petitioner had encroached upon the forest
operating its activity outside the limits of the leased ‘
out area, learned Advocate Geri-era.lg_Vcontends the
respondents have no option except’-to initiate’
action against the petitioner by seizeithe
minerals mined outside the’i1eaeeei7eer ..t.t5F1,t’Ch is a
forest produce, togetherA”ivi’th.:”&

and vehicles used the Veorf1rnission_ offheojfence and

also to _conl”:vsca_te.A same in appropriate

proceedings;-” A T 2

8. Sim_i1ar1$5, ‘the iseezond question, viz. whether it is
givrop-e’r.fo’i’ Court to vlelsercise the power under Article 226

of India to quash the First Information

it ‘;rVReport dated,.’_’19~.Q’.2009, we held as hereunder:

” * — “..7.,1_) Issue No.11”.-

Whether it is proper for this Court to

it .. .,V_e.;cercise the power under Article 226 of the
g. .. E.’

17

Constitution of India to quash the First

Information Report dated 03. 02.2009?

7.2) The power of judicial review unde.ryArtic;§e i

the Constitution of India is akin to the inherent»
conferred under Section 482 of the Codeof Criminal = ‘

Procedure. It is a settled lawit thic-Steven”

inherent powers conferred on the4ttHigl2.VVCourt’ ‘very
wide, the very plenitude ‘of requires yreat
caution in its exercise aindgthe be very
carefitl to see that its Zdecision ” such
inherent power” ‘;;;b.ased–. ortysound.:p’rinctptes as held
by the Apex” the. of; INDER MOHAN
Goswnmv _ ,_ STATE – or
vTTAnANciiAL_–r.Anoo:fiieRs reported in (2ao7)12
SCC’ 1, because -thetvltpuwers conferred on this
Court has iito,t)ev.spariing_lytejeercised (i) to give eflect to

an order. under. Cc-de; (ii) to prevent abuse of

. procefis of Court,’ and m(iii) to otherwise secure the ends

cfj’ustic’e, ‘butts any event not to encourage violations

of the piroiiisionss of any statutes in force much any

conditions’ tgflagreement thereunder which empowers

ifithe competent authority to take appropriate action

ii.j.axgaiinst the law breakers and those who violate the

0 conditions of agreement.

7.3) In any event, such powers should not be

~ i exercised to stifle a legitimate prosecution and therefore

E8

the Courts should refrain from giving a prima–facie
decision in a case where the entire facts are incomplete

and hazy, more so, when the evidence has not been

collected and produced before the Court. ”

9. On Issue No.III — Whether the ‘s”e-Corldflhrespohéentdsxl3

empowered to seize the machinery, eqixipineint, iron’~ore

vehicies belonging to the petitioay:e*r,> an-..yoj1jde’:fdated
19.2.2009, for having committed ililegeiii.rninihgrroperation

in the forest area, We have held as lr1ei*e’i.tr.1.der_:V._i

“yc’3.”2″)”‘ – _ enacted The Forest
(Conservation) . V _ in’ order to prevent
deforestation which cauisesgyyiiecological imbalance and
leadsto environmental deterioration. The deforestation

&_ cau._=;e’s widesprea’d«.c_on.cern. Section 2 of the FC Act
the.jr’estriction on de-reservation of forest or
for non–forest purposes and as per

H the said no State Government or authority
. V — shall” matte,” ‘except with the prior approval of the
u.””–._l:”C’entralz Government, any order directing (i) that the
forest shall be ceased to be reserved; (ii) that

* any forest land or any portion thereof may be used for
any man forest purpose; (iii) that any forest land may

be assigned by way of lease or otherwise to any

19

private person or to any authority, corporation, agency

or any other organization not owned, managed_orl’~._”~..

controlled by State Government, and (iv) that any.jore.st:l’ is

land may be cleared of trees which ‘

naturally.

8. .3) After the FC Act came into force, no.,mi.ning.

lease/ licence can be ranted in’t-..he”–forest area-whtthout
9′ .. g

the prior approval of the__Central,..Governrnent, which_.is
a condition precedent, be.causei_l_Sectio’n._ofthe FC Act
starts with non–obstante’; viz.,
“Notwithstanding .oo.ntaine’d in any
other law for;-..the?’titne”belng in a State…”
Therefore, can be carried on in the

forest i_area,., e;fc:eptV”«:vit.h,g “the prior approval of the
Central “Govemrnent_.:_”~.which~,means, even the State
Governmentg cannot carry._~7’on any such non–forest

activig_fy”in the fa.«e§t’¢rel: without the prior approval of

‘*–the”~-C{en–t’ral Governrnent. The fact that the mining

activity to non–forest purpose is beyond doubt.

‘ ‘ pTi’nerenewal ofa lease is really the grant of

[Va fresh lease as held by the Apex Court in DELHI
_ lyybetzpmemm AUTHORITY Vs. DURGA CHAND
A [AIR 1973 SC 2609] and therefore such

prior approval of the Central Government in terms of

” “Section 2 of the FC Act would be required when mining

‘ /st’
5 .

20

lease granted before the commencement of the said Act

is renewed after its coming into force.

8.5} As the impugned quarry is located
forest area and the mining lease was granted”;onligg”. ii”.
subject to the approval of the Central Govem_men,tfianc£.:: .
agreement entered with’ the State’J»éo’vemrn_ent,
respondentsforest authorities haiie Ito.’ ”
initiate action against the pers«ons violate }th.eH
terms of the lease and condit:io:1.s of’ ~.t_he ~v’leas§e
agreement and the KFZ iézmpotoers’-A
respondents authorities totseizie, forfeit
the forest produce; tools, igehiclesiV_an,d énachineiies that

are used for illegalremooal of:the’forestprofduce. Such

an exercise of po;wer;’«in ‘ou”r’-considered opinion, cannot

be termed as arl)-itrary or u__n’1’easonable. ”

10.v_»~’~;.:Fit1i*ther,V.ithiS__C0urt in Writ Petition No.60023 of

‘dispose;i”ot” 1.4.2009, while considering the question

:7″g_that whenevei’iafiyigiconditions of the iease agreement entered

ininto.vbetweenfl7tne mining Iease holder and the Karnataka

Ailfiepartiment are alleged to have been violated, the

ii.’:j.–3.1._1__t’I'”1.”<)riV'1;ies of the Karnataka Forest Department are

,, ..,__

22

the Central Government, which is a condition

precedent, because Section 2 of the Forest

(Conservation) Act starts with non–obstante clause C V
“Notwithstanding anything contained in C

other law for the time being in force in

Therefore, no non–forest activity can be cameo on

the forest area, except with the prior.approivaliiQfA.the _ ”

Central Government, which rneans, even the

Government cannot carry on such’ non=fores’t
activity in the forest area’ withoutlltfixepriorapproval
the Central Government.” faiet} mining
activity amounts A . _ to noAn..–fo.re.st ‘ V — ‘beyond

doubt.

if. 7) _The’renewal la-l.€a.se is really the grant of
a freshvxilease Vas:Apex Court in DELHI
DEvELoPi&L21}f2″,. Aurtroiaiiry Vs. DURGA CHAND
V.’S’C $509, and therefore such prior

. C -a_pproVva–l”of the CentralGovemment in terms of Section

ofv,the__«’Forest. (Conservation) Act,1980 would be

“reg”L.¢.iredV ‘whe’n,.V”Vmining_ lease granted before the

commencement of the said Act is renewed after its

‘ ncoming into force.

* 7. 8) The impugned quarry is admittedly located

C the forest area. Therefore, the mining lease granted

if “to the petitioner in such forest area is subject to the

conditions imposed by the Central Qovemment and

/’/VJ .

aw….w-«=-

25

the fourth respondent has jurisdiction to initiate action in

that regard.

1 1) It is also not in dispute that the decisio_ris~–..renidered 0

in Writ Petition No.60o23 of 2009 disposed ;e’i’__erd1:.4e.,2soi09_i’]

and Writ Petition No.3812 of 2009 .disposed– of on”V–i.1-f3V’§4i}2G;O.9i A

squarely apply to the facts of the prései1t_ casei. Foilovizing the
said decisions and for the reasons’_:stateé…._’Eherein, we pass the

following: H

(i) the sketches

attached the the basis for the

5 respondents .*to.”-prosecute the FIR dated

g 5!531?}-,.02vi.2O0§and the Seizure order dated
0 ‘ e gie9,,’o2g;2bo9;

(ii! to quash the First Information
V Report. dated 19.02.2009 is rejected, giving
he liberty to the respondents to proceed in

Gaccordance with law, subject to the orders

hereunder;

“*”‘,i§fl%

(111)

26

Deputy Conservator of Forests, Bellary

Division, Bellary~fourth Respondent, shal1~_”*ii.
inspect and survey the impugned V’ ‘
leased out to the petitioner, in the pre.s.en’c.eV

of the petitioner, the Controller’ of ‘~«Mines’,’i.
Indian Bureau of Mines, _
with the nominee not belovv thie=-ra11k

Deputy Director by theiiilifiirectorlGeneral,lf,

Survey of India;” ,_ fiapepropriateii
decision as to thealleged.jer:1croaChriient by
the petitioner with “refere’1ice_ to I survey

records .,C5’thé.rv relevant”””’ material

av’aila–b1:é:, ‘do’ciirnents”‘produced in this
regard. Ifencroachrnent of forest land

is found., the “respondents are at liberty to

,assess”the’damages caused on account of

illegal’ ‘mining outside the leased out

A. tools, vehicles

.. ymviningarea and recover the same from the

‘ ,pe’titioner’;’

respondents are directed to return the

and machinery to the

petitioner on the condition that the same

shall be produced before the respondents/

jurisdictional Magistrate as and when

(V)

27

required by law, subject to the finding in

the inspection to be conducted by the–g””i”
fourth respondent in the presence of it ‘
petitioner and Controller of Mines,
Bureau of Mines, Bangaloreryalong w-tith~:

nominee not below the _ ”

Director by the Director General, iS’urve.y

India, referred to above; l

The ore which iisfl’alre_ad;_y ._by the
authorities vvhich_i_s:i’ alleged to been
mined ojatsidje shall be
in the thefore-stiauthorities and
the at.’ liberty to take
apipropriawpidecisioriiri the matter subject

to the inspection and

.«}-«assessment. of the damages and to recover

thzefsariievfrom the petitioner;

the finding arrived at by the

fourth «i”respondent–Deputy Conservator of

Forests, Beliary Division, and the

ii””~{Contro}ler of Mines, Indian Bureau of

it “Mines, Bangalore; petitioner shall rectify

the violation by removing the overburden

waste whatsoever within two weeks from

28
the date of such order passed by the fourth

respondent and the Controller of Mines,

Indian Bureau of Mines, Bangalore;

vii) The respondents are directediiito”perInit;’t.]fie’–_V
petitioner to undertake Inining A. V’
operation in the leased “ant area

not disputed by the forest’=aiut1j1oritiesVV;:i ‘ I

12) Writ petition is according1y.’_idisposed_iof, No oosts.

Sd/3
Chiet Justice

…..

Fudge

* e«iiaiI:-indgxr»-«wpypss /” No
° é . or ‘ ijweb’ 5 “”Sr”3’ElS /N0