2020 Supreme(Kar) 288

IN THE HIGH COURT OF KARNATAKA
Abhay S. Oka, Hemant Chandangoudar, JJ.
D. Vasantha - Appellant
Versus
State Of Karnataka And Others - Respondents
Writ Petitioner No.51608 of 2019 (GM-MMS)
Decided On : 05-02-2020

Headnote:

Karnataka Minor Mineral Concession Rules, 1994 - Granite Conservation and Development Rules, 1999 - Criminal Procedure Code, 1973 - Section 144 - Right to carry on quarrying activities - Mining Leases and Licenses for extracting minerals - Petitioner was granted with license for quarrying black granite on an extent of acres of land pursuant to quarrying lease deed executed by first respondent with effect for a period of ten years – Further tenure of quarrying lease was extended from ten to twenty years with effect May in consonance with Granite Conservation and Development Rules, 1999 - Petitioner has obtained all statutory clearances for carrying out quarrying operations - license granted to petitioner under Karnataka Minor Mineral Concession Rules, 1994 is still in subsistence - When things stood thus first respondent has issued a notice October to petitioner calling upon him to stop quarrying operations immediately from date of receipt of this notice till further orders failing which an appropriate action will be initiated in accordance with Rules - This notice is issued based on communication issued by Deputy Commissioner to first respondent whereby ban is imposed on all forms of quarrying activities/ crushers using any form of explosives in and around from K R S Dam from August till further orders by invoking Section 144 of Code of Criminal Procedure, 1973 - Petitioner whose right to carry on quarrying activities which has been adversely affected has challenged impugned notice in this writ petition – Held, In opinion of a District Magistrate a Sub-Division Magistrate or any other Executive Magistrate specially empowered by State Government in this behalf there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable such Magistrate may by a written order stating material facts of case and served in manner provided by section 134 direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management if such Magistrate considers that such direction is likely to prevent or tends to prevent obstruction annoyance or injury to any person lawfully employed or danger to human life health or safety or a disturbance of public tranquility or a riot or an affray - A bare reading of Section 144 of Criminal Procedure Code would indicate that power under Section 144 Criminal Procedure Code is of a temporary nature to be exercised in urgent situation of imminent danger where immediate and speedy remedy is required - In absence of such imminent danger Deputy Commissioner cannot prevent petitioner from carrying on quarrying operations which is permissible under Mining Leases and Licenses for extracting minerals and power exercised by Deputy Commissioner banning quarrying operations is beyond scope of Section 144 of Criminal Procedure Code - A blanket ban on quarrying operations cannot be made in absence of any report by competent authority to effect that quarrying activities within radius will cause damage to dam - Third respondent on basis of letter of Deputy Commissioner has called upon petitioner to stop quarrying operations immediately failing which an action will be taken in accordance with Rules - It is also clear from impugned notice that petitioner was not served with any notice or provided with an opportunity of hearing before he was called upon to stop quarrying operations - Court are of opinion that communication issued by Deputy Commissioner banning quarrying operations within radius from K R S Dam is without authority of law - Further impugned notice issued by third respondent based on letter of Deputy Commissioner also violates principles of natural justice since Petitioner was not heard before he was called upon to stop quarrying operations to which he is legally entitled to under relevant provisions of law - During subsistence of valid license Petitioner cannot be compelled to stop quarrying operations - Writ petition is allowed