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2008 Supreme(Kar) 530

N.KUMAR
Siddeshwara International – Appellant
Versus
State of Karnataka Represented by its Secretary, Department of Forest Ecology & Environment & Others – Respondent


Advocates appeared:
For the Petitioner:Shashi Kiran Shetty, M/s. Shetty & Hegde Associates, Advocates. For the Respondents:R1 & R2, M.B. Prabhakar, AGA, R3 & R4, Ajoy Kumar Patil, Advocate.

Judgment :-

Kumar, J.


The petitioner has preferred this writ petition seeking a writ of certiorari for quashing the order dated 2nd September, 2006 as per Annexure-A and the order dated 19th December 2006, as per Annexure-B and for a declaration that no permission is required either from the Central Government or the State Government for mining in an area less than 5 Hectares.


2. The petitioner is a partnership firm engaged in the business of mining. It was granted a mining lease dated 13th June, 2005 for a period of 20 years for an extent of 12.10 acres in Sy.No.121 of Hogrehalli village, Kadur Taluk, Birur Hobli, Chikamagalur District vide ML No.2491. Annexure-C is the copy of the mining lease. The petitioner is the owner of the property in respect of which the mining lease was granted. The Karnataka State Pollution Control Board by their letter dated 8th August, 2005 gave their consent for the establishment of mining industry. Annexure-D is the copy of the said letter. The Deputy Conservator of Forests, by his letter dated 18th April, 2005 as per Annexure-E addressed to the Deputy Commissioner, Chikmagalur stating that the leased property is not on the Western Ghats. Acting on th
























































































































































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