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2009 Supreme(Kar) 960

P.D.DINAKARAN, V.G.SABHAHIT
Mineral Sales Private Limited (MSPL), Hospet – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
Mr. Krishnan Venugopal, M.M. Swamy, for the Appellant
Mr. Udaya Holla, Advocate General, for the Respondent

JUDGMENT

P.D. Dinakaran, C.J.— The petitioner, a company incorporated under the Companies Act, 1956 is a lessee under the current mining lease for mining iron ore (ML No. 2416) over an extent of 350.78 hectares. Out of 350.78 hectares covering Sy. Nos. 1, 4, 5 and 6 of Vyasanakere Village. Hospet Taluk, Bellary District, an extent of 347.22 hectares was leased out for mining activities and the remaining 3.56 hectares was demarcated for road.

1.2 The said mining lease was granted originally in the year 1952 by the then Government of Madras for 10 years to one K Narayanaiah and subsequently transferred in favour of the petitioner herein in the year 1962 and got renewed for 20 years each time with effect from 14-11-1962, 14-11-1982 and 14-11-2002. The petitioner, admittedly obtained clearance from the concerned forest authorities as contemplated under Section 2 of the Forest (Conservation) Act, 1980 vide the proceedings dated 8-3-2007 of the Government of India and the Government of Karnataka has also accorded approval for the lease by proceedings dated 23-3-2007.

1.3 With this background, the petitioner entered into an agreement dated 19-4-2007 with the Deputy Conservator of Forests, Be




























































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