THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, ORDER WAS PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE

and

HON'BLE MR. JUSTICE C.M. POONACHA

C.A.V. JUDGMENT

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

1. The petitioner has filed the present petition, inter alia, impugning the communications dated 05.09.2023 and 07.07.2023, and the endorsement dated 30.09.2023. The petitioner also prays that directions be issued to respondent Nos. 5 and 6 not to disturb or interfere with the quarrying and stone crushing activities carried on by the petitioner in an area leased under QL No.2348-R1 and the stone crusher licence dated 27.07.2016. In addition, the petitioner seeks directions for the issuance of Mineral Dispatch Permits through the Integrated Lease Management System [ILMS].

2. The controversy in the present petition relates to whether quarrying activities are permissible in the area falling within Survey No. 124 of Hadonahalli Village, Doddaballapura Taluk, Bengaluru Rural District. The petitioner holds a quarry lease [hereafter QL 2348-R1] over an area of 8.20 acres, falling in Survey No.124 of Hadonahalli Village, Doddaballapura Taluk, Bengaluru Rural District [the subject land]. It also holds a stone crusher licence over an extent of 1 acre in Survey No.124 of Hadonahali Village. The quintessential controversy involved in the present petition is whether non-forest activities are permissible on the subject land without obtaining permission under the Forest (Conservation) Act, 1980 [FC Act].

3. The impugned communication dated 07.07.2023 is addressed by respondent No.7 to respondent No.5, inter alia, stating that the subject land falls under a District Forest and therefore, non-forestry activities cannot be undertaken in the said land without the necessary permission under the FC Act. The impugned communication dated 05.09.2023 is addressed by respondent No.4 to respondent No.5 referring to the impugned communication dated 07.07.2023. The said communication also states that the aforesaid issue was discussed at a meeting of the District Stone Crushers Licensing and Regulation Authority and District Task Force (Mines) Committee held on 18.07.2023 and it was decided to take action as per the directions of the Government of Karnataka by submitting a proposal regarding the cancellation of the quarry lease in question–QL 2348-R1.

4. The impugned endorsement dated 30.09.2023 was issued by respondent No.5 calling upon the petitioner to obtain and submit the Forest Clearance Certificate under Rule 8(2) of the Karnataka Minor Mineral Concession Rules, 1994 [KMMC Rules] in respect of QL 2348-R1.

5. As noted above, the principal question to be addressed is whether the subject land is a part of forest lands.

PREFATORY FACTS

6. The petitioner is a partnership firm-Sri Anjanadri Stone Crushers, constituted on 12.04.2013 and registered with the Registrar of Firms on 18.04.2013. The quarry lease over the subject land is initially granted to Sri H. Krishnamurthy. The said lease was transferred to the petitioner pursuant to an order dated 15.11.2014 passed by respondent No.5.

7. Respondent No.6 granted the petitioner a Stone Crusher Licence in Form C over an area of 1 acre in government land falling in Survey No.124 of Hadonahalli Village, Doddaballapura Taluk, Bengaluru Rural District, pursuant to the said area being declared as a safer zone for establishing a stone crusher unit. The petitioner also obtained a Consent for Operation [CFO] from the Karnataka State Pollution Control Board [KSPCB].

8. The Karnataka Regulation of Stone Crushers Act, 2011, was amended in the year, 2020 [Karnataka Act No.28/2020], and by virtue of the said amendment, the stone crusher licence issued to the petitioner was deemed to be extended for a period of 20 years. The petitioner’s licence is valid till 31.03.2036.

9. The petitioner applied for renewal of the quarry lease, and pursuant to its