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2019 Supreme(Kar) 1252

ABHAY S.OKA, H.T.NARENDRA PRASAD
Dhananjay – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
R.G. Kolle, Vikram Huilgol, Dyan Chinnappa, S.B. Mathpati.

JUDGMENT :

Abhay S. Oka, J.

1. We have heard the submissions of the learned counsel yesterday and today. There was sufficient indication given to the parties that the petitions will be disposed of finally.

2. In W.P. No. 51135/2016, what is impugned is the endorsement dated 2nd September 2016. By the impugned endorsement made by the District Commissioner of Mandya District, it was observed that quarrying lease cannot be granted to the petitioner in the light of the requirement of Section 2 of the Forest (Conservation) Act, 1980 (for short ‘the Forest Act’). The first prayer in the petition is for quashing the said endorsement. The other prayer is for a declaration that the property subject matter of the petition is not a deemed forest or a forest as wrongly held by the Deputy Commissioner. We must note here that in the year 1998, an application made by the petitioner for grant of quarrying lease was rejected. That decision led to a litigation as mentioned in the petition. In the earlier round, this Court directed reconsideration of the application made by the petitioner. The endorsement impugned is on the basis of the said order. In the objections filed by the respondents, it is speci

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