The court held that the rejection of a quarry license is valid if the revenue authorities decline to issue a mandatory No-Objection Certificate (NOC) based on the presence of a water body and local community objections.

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ENDORSEMENT DATED 04/07/2025 ISSUED BY THE 7TH RESPONDENT VIDE ANNEXURE-Y AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The petitioner has filed the present petition, inter alia, impugning an endorsement dated 04.07.2025 issued by respondent No.7 [Senior Geologist] rejecting the petitioner's application for quarry license to quarry ornamental stone in an area extending 4 acres falling in Survey No.10/1 of Dummagere Village, Shantigrama Hobli, Hassan Taluk.

2. The petitioner states that he had purchased the land measuring 6 acres and 2 guntas, including 1 acre and 24 guntas in Survey No.10/1 of Dummagere Village, Shantigrama Hobli, Hassan Taluk. He submits that he made an application for grant of a quarry licence for a part of the said land. The Senior Geologist rejected the said application on the ground that the revenue authorities had declined to issue the no-objection certificate.

3. Although the petitioner has challenged the endorsement dated 04.07.2025 rejecting his application, essentially, the petitioner is aggrieved by the communications issued by the revenue authorities, declining to issue an NOC as required under Rule 8(5) of the Karnataka Minor Mineral Concession Rules, 1994 .

4. The learned counsel for the petitioner also referred to a letter dated 26.04.2021 sent by the Senior Geologist stating that the conversion of the subject land for industrial [stone quarry] purpose could be considered. He contends that the impugned endorsement dated 04.07.2025 is contrary to the said recommendation.

5. We note that the communication dated 27.02.2025 issued by the Assistant Commissioner, Hassan Sub Division, Hassan appears to be the basis for declining the petitioner's request for declining the permission to carry on quarrying activities in the subject land.

6. Plain reading of the said letter indicates that the villagers of the Dommagere Village had raised an objection for conducting any quarrying activities on the subject land. It is also noted that there is a lake on the said land and in the given circumstances, the Assistant Commissioner had forwarded the Tahsildar's report objecting to the grant of any NOC to the petitioner's proposal for conducting quarrying activities on the subject land.

7. The Assistant Commissioner also fairly noted that the Village Map does not show any lake. However, reportedly there was standing water on the land in question, which the villagers claim is used by cattle. The petitioner has also annexed photographs in the subject land, which indicates there is a water body on a portion of the land.

8. In view of the given circumstances, we are unable to fault the decision of the Senior Geologist in declining the petitioner's request for grant of a quarrying license.

9. The petition is unmerited and accordingly dismissed.

10. We clarify that this order would not preclude the petitioner from availing any other remedies including for seeking alternate land or compensation if the petitioner is otherwise entitled to.

11. Needless to say that if any such request is made, it would be considered in accordance with law.

12. All pending applications are also disposed of.