Kalenalli WP15188-21-22-12-2021 Buildcon

1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.15188 OF 2021 (GM-MMS-PIL)
BETWEEN:
1. SRI H E TEJASWI
S/O. H M EEREGOWDA,
AGED ABOUT 36 YEARS,
R/AT T.M HOSUR,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT 571807
2. SRI. H R KUMAR
S/O. H T RANGAPPA,
R/AT T.M HOSUR,
3. SRI. G S SHIVAKUMAR
S/O LATE SHIVANNA,
R/AT GANANGURU, K. SHETTAHALLI HOBLI,
2
4. SRI. H N PRADEEP
S/O. LATE. H T NARAYANA,
R/AT T.M HOSUR,
5. SRI. H R ADARSHKUMAR
S/O. RAMESH,
R/AT T M HOSUR,
...PETITIONERS
(BY SRI.SUNIL.K.N, ADVOCATE FOR
SRI.R S RAVI, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE,
REP BY ITS SECRETARY,
PARYAVARAN BHAVAN,
CGO COMPLEX, LODI ROAD,
NEW DELHI 110 001
2. THE STATE OF KARNATAKA

MINISTRY OF MINES AND GEOLOGY,
VIKAS SOUDHA, DR. AMBEDKAR VEEDHI,
BENGALURU 560001.
REP BY ITS SECRETARY
3. STATE LEVEL ENVIRONMENT IMPACT

ASSESSMENT AUTHORITY,
DR. AMBEDKAR VEEDHI,
3
SAMPANGIRAM NAGAR,
BENGALURU 560001

MINISTRY OF FOREST,
BENGALURU 560001
REP BY ITS SECRETARY

MINISTRY OF REVENUE,
BENGALURU 560001.
REP BY ITS PRINCIPAL SECRETARY
6. THE DEPUTY COMMISSIONER

MANDYA DISTRICT,
MANDYA 571401
7. THE SENIOR GEOLOGIST

DEPARTMENT OF MINES AND GEOLOGY,
MANDYA 571401,
MANDYA DISTRICT
8. THE TAHSILDAR
SRIRANGAPATNA,
9. THE DISTRICT CONSERVATOR OF FOREST OFFICER

MANDYA DISTRICT,
MANDYA 571401
10. THE RANGE FOREST OFFICER

SRIRANGAPATNA,
11. THE TASK FORCE

REP BY ITS CHAIRMAN / DEPUTY COMMISSIONER,
4
MANDYA 571401,.
MANDYA DISTRICT
12. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST

4TH FLOOR, ARANYA BHAVAN,
18TH CROSS, MALLESWARAM,
BENGALURU 560003
13. M/S. DILIP BUILDCON LIMITED

BASAVANAPURA VILLAGE,
MAYAGANAHALLI POST,
KASABA HOBLI,
RAMANAGARA TALUK AND DISTRICT 571511.
REP BY ITS SR. MANAGER
14. M/S. R K BROTHERS INFRA

PROVENTURES PVT LTD
NO. 9, E AND F BLOCK,
1ST MAIN, 1ST CROSS,
R K NAGARA, MYSURU 570022,
REP BY ITS PROP P K SHIVARAM
15. M/S. J J INDUSTRIES

REP BY ITS PROP L J RAMDEV,
R/AT NO. 2699, J J NIVASA,
3RD CROSS, GANDHINAGAR,
MANDYA 571401
16. M/S YAROOB STONE CRUSHERS,

REP BY ITS PROP MOHAMMED AFZAL,
R/AT NO.67, KALENAHALLI VILLAGE,
MANDYA DISTRICT-571807.
17. M/S ARAKESHWARA STONE CRUSHER,

REP BY ITS PROP CHANDRASHEKAR H.A
5
18. M/S BOREDEVARU STONE CRUSHER,

REP BY ITS PROP BORAPPA,
19. M/S SRI.BRAHMALINGESHWARA STONE

CRUSHING INDUSTRY,
REP BY ITS PROP M.RAMAKRISHNA,
NEELANAKOPPALU VILLAGE,
MANDYA DISTRICT-571807
20. M/S R.P.N.STONE CRUSHER,

REP BY ITS PROP RAMALINGAIAH,
R/AT SY.NO.128, GOWDAHALLI VILLAGE,
SRIRANGAPATNA TALUK-571807
21. M/S SATHYA SAI STONE CRUSHERS,

REP BY ITS PROP K.R.MANJUNATHA,
R/AT NO.5562, 4TH CROSS,
VIJAYANAGARA 2ND STAGE,
MYSURU-570030
22. SRI.SURESH KUMAR

S/O M.RAMMAKRISHNA,
AGED MAJOR,
R/AT NO.800, KALAMMA GUDI BEEDHI,
SRIRANGAPATNA-571477,
MANDYA DISTRICT.
23. SRI. ABZAL,

S/O LATE MOHAMMED AMEER,
AGED MAJOR,
R/AT 2ND CROSS, MG.ROAD,
UDAYAGIRI, MYSURU-570019.
24.SRI.DEVARAPPU HANUMANTHA RAO,

S/O CHINNAKONDAIAH,
6
AGED MAJOR,
25. SRI.CHANNAKESHAVALU DEVARUPPU,

S/O HANUMANTHA RAO,
AGED MAJOR,
26. RAMALINGESHWARA STONE CRUSHERS

AND M SAND, REP BY ITS PROPRIETOR,
SRI. H B RAVI KUMAR,
R/AT AMMA, NO. 20, 7TH MAIN,
D BLOCK, 3RD STAGE,
VIJAYANAGAR, MYSURU 570030
27. SRI. MARUTHI STONE CRUSHER

PROP. Y D GOPINATH,
NO. 115, CHANANKERE VILLAGE,
…RESPONDENTS
(BY S.S.MAHENDRA, AGA FOR R2, 4, 7, 8, 10, 11 & 12;

SRI.SHIVAKUMAR, CGC FOR R1;
SRI.V.G.BHANUPRAKASH, ADVOCATE FOR R16 TO 19 & 27;
SRI.L.M.CHIDANANDAYYA, ADVOCATE FOR R20, 21 & 24 TO 26;
R14 & 15 ARE SERVED;
V/O DATED 22.12.2021, NOTICE TO R5, R9, 13, 22 & 23 ARE H/S)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS
OF THE 11TH RESPONDENT DATED 22.09.2020, DE-RESERVING THE
FOREST LAND SY.NO.21 OF KALENAHALLI VILLAGE, SHETTYHALLI
HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT, FROM 473.06
7
ACRES TO 323.13 ACRES VIDE ANNEXURE-H AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF

JUSTICE MADE THE FOLLOWING:
ORDER
Heard.
2. This public interest litigation has been filed seeking
the following reliefs:
"i) To quash the proceedings of the 11th

respondent dated 22.09.2020, de-reserving the forest
land Sy.No.21 of Kalenahalli Village, Shettyhalli Hobli,
Srirangapatna Taluk, Mandya District, from 473.06
Acres to 323.13 acres vide Annexure-H.
ii) To quash the environmental clearance /order

dated 08.02.2021 made in SEIAA 93 MIN 2020, issued
by respondent No.3, permitting 13th respondent, to
carry on quarry operation of building stone in
Sy.No.21(P) in Kalenahalli Village, Srirangapatna
Taluk, Mandya District, vide Annexure-Q.
iii) To quash the environmental clearance / order

dated 10.12.2018 made in MSC(DEIA) EC/28/2018-
8
19, issued by respondent no.3, permitting 14th

respondent, to carry on quarry operation of building
stone in Sy No.21/P-10 in Kalenahalli Village,
Srirangapatna Taluk, Mandya District, vide Annexure-
R.
iv) To quash the environmental Clearance

Certificates issued by the 3rd respondent dated
16.12.2015, made in No.SEIAA 472 MIN 2015,
30.12.2017 (2 EC Certificates), made in No. MSC
(DIAA) BC/08/2017-18, made in No.MSC (DIAA
BC/03/2017-18, 01.01.2016, made in No. SEI 463
MIN 2015, 16.12.2015 made in No. SEIAA 470 Min
2015, and 10.12.2018, made in No.MSC (DEIAA)
EC/32/201819, 10.12.2018, made in No.MSC (DEIAA)
EC/31/2018-19, respectively in favour of respondents
15, 22, 23, 24, and 25 respectively, vide Annexures
S1, S2, S3, S4, S5, S6 And S7.
v) To quash form-C issued by the 6th respondent

in favour of respondents 14, 16, 17, 18, 19, 20, 21,
26 and 27, respectively, vide dated 18.09.2019, made
in No.DMG/CR/41/2019-20, 20.11.2018, made in
license No.18/2018-19/1844, 25.02.2020, made in
No. DMG/CR/43/2019-20/4030, 12.02.2019, made in
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No.DMG/CR/55/20-21/2876, 07.09.2020, made in
No.CMG/CR/49/2020-21/2120,30.12.2020, made in
No.DGM/CR/58/2020-21/3408 and 16/22.07.2019,
made in No.Ga.Boo.E./Hi.bhoo.vi./Crusher/Section-
7/2019-20/1248-1253 and 16.07.2017, made in
license No.17/2018-19/1843, respectively vide
Anneures S8, S9, S10, S11, S12, S13, S14, S15, S16
And S17.
vi) Grant such other relief/reliefs as deem fit to

grant in the facts and circumstances of the case."
3. Learned counsel for the petitioners submits that the
petitioners are the permanent residents of T.M.Hosur and
Ganangur Villages, K.Shettyhalli Hobli, Srirangapatna Taluk,
Mandya District. They have filed the above writ petition
espousing public interest with the object of preserving the
forest area as it would be benefited to the community at large
in terms of reducing soil erosion and flooding, supply the
growing needs of the domestic wood industries and to supply

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the needs of the rural population for fuel, wood, fodder, small
timber and miscellaneous forest produce.
4. Learned counsel for respondent Nos.20, 21, 24, 25
and 26 has taken an objection regarding maintainability of the
writ petition on the ground that it is a clear abuse of process
of law as the petitioners have no concern to the grant of stone
crushing lease in favour of the respondents. The main ground
of challenge in the writ petition is that the petitioners want to
protect the forest land all though there is no forest land as the
land in question was taken out from the forest land way back
in the year 1991 and patta have been given to individual
persons who are in possession of the said land and cultivating
the same. It is submitted that it is not a forest land and as
such, total basis of the instant writ petition is misconceived
and as such, deserves to be dismissed.
5. Learned counsel for the petitioners submits that the
petitioners have challenged the proceedings of the respondent

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No.11 dated 22.09.2020 de-reserving the forest land in
Sy.No.21 of Kalenahalli Village, Shettyhalli Hobli,
Srirangapatna Taluk, Mandya District from 473.06 acres to
323.13 acres. They have also challenged the Environmental
Clearance order dated 08.02.2021 issued by the respondent
No.3 permitting the respondent No.13 to carry on quarrying
operations of building stone in Sy.No.21(P) in Kalenahalli
Village, Srirangapatna Taluk, Mandya District and have also
challenged the Environmental Clearance order dated
10.12.2018 issued by the respondent No.3 permitting the
respondent No.14 to carry on quarrying operation of building
stone in Sy.No.21/P-10 in Kalenahalli Village, Srirangapatna
Taluk, Mandya District as well as they have also challenged
the Environmental Clearance Certificates issued by the
respondent No.3 dated 16.12.2015 made in No.SEIAA 472
MIN 2015, 30.12.2017 (2 EC Certificates), made in No.MSC
(DIAA) BC/08/2017-18, made in N.MSC (DIAA) BC/03/2017-
18, 01.01.2016, made in No.SEI 463 MIN 2015, 16.12.2015

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made in No.SEIAA 470 MIN 2015, and 10.12.2018, made in
No.MSC(DEIAA) EC/32/2018-19, 10.12.2018, made in No.MSC
(DEIAA) EC/31/2018-19, respectively in favour of respondent
Nos.15, 22, 23, 24 and 25 respectively, vide Annexures-S1,
S2, S3, S4, S5, S6 and S7. They have also challenged Form-C
issued by the respondent No.6 in favour of respondent Nos.14,
16, 17, 18, 19, 20, 21, 26 and 27 respectively.
6. We have considered the submissions made by the
learned counsel for the petitioners as well as learned counsel
for respondents and have gone through the records.
7. It is admitted fact that the land in question is not a
forest land. It has been decided by this Court that there is no
concept of deemed forest land. Reference is given to the
judgment rendered by the Co-ordinate Bench of this Court in
W.P.No.54476/2016 c/w W.P.No.51135/2016.
8. As such, we are of the considered view that the
entire basis of filing of the instant writ petition to preserve the

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forest land and its product is misconceived. It is also admitted
fact that before the grant of quarrying lease, forest stone
crushing, required Environmental Clearance were taken from
the competent authorities and due procedure was followed. As
such, we do not find any reason to grant indulgence. It
appears that the writ petition has been filed with some ulterior
motives. It is accordingly dismissed.
The pending interlocutory applications, if any, stand
disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
CA

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1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF DECEMBER, 2021

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.15188 OF 2021 (GM-MMS-PIL)

2. THE STATE OF KARNATAKA

3. STATE LEVEL ENVIRONMENT IMPACT

4. THE STATE OF KARNATAKA

5. THE STATE OF KARNATAKA

6. THE DEPUTY COMMISSIONER

7. THE SENIOR GEOLOGIST

9. THE DISTRICT CONSERVATOR OF FOREST OFFICER

10. THE RANGE FOREST OFFICER

11. THE TASK FORCE

12. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST

13. M/S. DILIP BUILDCON LIMITED

14. M/S. R K BROTHERS INFRA

15. M/S. J J INDUSTRIES

16. M/S YAROOB STONE CRUSHERS,

17. M/S ARAKESHWARA STONE CRUSHER,

18. M/S BOREDEVARU STONE CRUSHER,

19. M/S SRI.BRAHMALINGESHWARA STONE

20. M/S R.P.N.STONE CRUSHER,

21. M/S SATHYA SAI STONE CRUSHERS,

22. SRI.SURESH KUMAR

23. SRI. ABZAL,

24.SRI.DEVARAPPU HANUMANTHA RAO,

25. SRI.CHANNAKESHAVALU DEVARUPPU,

26. RAMALINGESHWARA STONE CRUSHERS

27. SRI. MARUTHI STONE CRUSHER

(BY S.S.MAHENDRA, AGA FOR R2, 4, 7, 8, 10, 11 & 12;

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE

ACRES TO 323.13 ACRES VIDE ANNEXURE-H AND ETC.,

THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF

2. This public interest litigation has been filed seeking

the following reliefs:

"i) To quash the proceedings of the 11th

ii) To quash the environmental clearance /order

iii) To quash the environmental clearance / order

19, issued by respondent no.3, permitting 14th

iv) To quash the environmental Clearance

v) To quash form-C issued by the 6th respondent

license No.28/2018-19/1905, 24.11.2020, made in

vi) Grant such other relief/reliefs as deem fit to

3. Learned counsel for the petitioners submits that the

petitioners are the permanent residents of T.M.Hosur and

Ganangur Villages, K.Shettyhalli Hobli, Srirangapatna Taluk,

Mandya District. They have filed the above writ petition

espousing public interest with the object of preserving the

forest area as it would be benefited to the community at large

in terms of reducing soil erosion and flooding, supply the

growing needs of the domestic wood industries and to supply

timber and miscellaneous forest produce.

4. Learned counsel for respondent Nos.20, 21, 24, 25

and 26 has taken an objection regarding maintainability of the

writ petition on the ground that it is a clear abuse of process

of law as the petitioners have no concern to the grant of stone

crushing lease in favour of the respondents. The main ground

of challenge in the writ petition is that the petitioners want to