CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. The present writ petition is filed seeking for the following reliefs:

"(i) Issue a Writ of Certiorari or any other appropriate Writ, order or direction quashing and setting aside the Communication dated 20.06.2025, bearing No. M1/MNG/SMIORE/ML. No.2678(2580)/2023-24 and the Communication dated 20.06.2025, bearing No. M1/MNG/SMIORE/ML. No.2679(2581)/2023-24, issued by the Respondent No. 1 (at Annexure A and Annexure B) as wholly arbitrary, unreasonable and ultra vires the binding 2015 Guidelines issued by the Respondent No. 4;

(ii) Issue a Writ of Mandamus or any other appropriate Writ, order or direction directing the Respondent Nos. 1 to 3 to execute supplementary Forest Lease Agreements in favour of the Petitioner extending the term of its existing Forest Clearances dated 12.03.2007 and 14.03.2007 upto 31.12.2033 (i.e. the date upto which the Mining Leases held by the Petitioner will remain valid);

(iii) Issue a Writ of Mandamus or any other appropriate Writ, order or direction restraining the Respondents, or anyone acting through any of them or on their behalf, from demanding any new or additional compliance or claiming any additional or further charges or CA land with respect to the broken-up area of the land with respect to the Forest Clearances granted in favour of the Petitioner prior to 1980 by relying on the 2023 Guidelines or otherwise, or from otherwise interfering with the mining operations of the Petitioner till 31.12.2033 in any manner; and

(iv) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case and in the interests of justice and equity, including costs."

2. The petitioner, a public listed company incorporated on 18.01.1954 under the provisions of the Companies Act, 1913, was granted mining lease [Mining Lease No.190 - ML No.190] for both Manganese Ore and Iron Ore, effective from 01.01.1954, for a period of 20 years i.e., up to 31.12.1973. Prior to the said mining lease being granted to the petitioner, the mines were operated by another company from 01.01.1904 to 31.12.1953.

3. ML No.190 was renewed for a further period of 20 years effective from 01.01.1974. However, the same was split into Mining Lease Nos.1952 and 1179. The said leases were operative up to 31.12.1993.

4. During the pendency of the said mining leases, the Forest Conservation Act, 1980 [FC Act] came into force on 25.10.1980. Accordingly, the petitioner submitted applications under the FC Act on 29.12.1992 to respondent No.4 - Union of India [UOI] through respondent Nos.1 to 3 (i.e., State of Karnataka by its Deputy Conservator of Forests [DCF]), seeking Forest Clearances [FCs] for ML Nos.1952 and 1179. The UOI granted FCs for the said ML Nos.1952 and 1179 on 06.12.1996 and 11.12.1996 respectively, for a period of 10 years.

5. The said two mining leases (ML Nos.1179 and 1952) were renewed for a further period of 20 years from 01.01.1994 to 31.12.2013 vide ML Nos.2580 and 2581 respectively.

6. The petitioner applied for renewal of the FCs on 14.08.2002. In - principle approval was granted by the UOI in respect of ML Nos.1179 and 1952 on 14.11.2006 and 15.11.2006 respectively. This was followed by grant of FCs to the petitioner on 12.03.2007 and 14.03.2007 respectively for a period of 20 years subject to certain conditions.

7. The FC dated 12.03.2007 in relation to ML No.1952 was granted for diversion of 142.58 hectares of forest land under the said mining lease subject to:

a. Compensatory Afforestation to be raised and maintained over 57.58 hectares of non-forest land;

b. The non-forest land identified for raising Compensatory Afforestation shall be notified by the State (respondent No.3) as reserve forest or protected forest under the Indian Forest Act, 1927;

c. The period of diversion shall be 20 years (subject to possession of valid lease under the Mines and Minerals (Development and Regulation) Act, 1957 [MMDR Act]).

8. The FC