The high court directed the mines and geology department to file an affidavit stating instances and permissions granted for quarrying within 100 metres of forest land within six weeks.
The high court on Thursday directed the mines and geology department to file an affidavit stating instances and permissions granted for quarrying within 100 metres of forest land within six weeks.
Biligiri Granites Private Limited had filed a petition, stating it had filed an application on May 4, 2000, seeking permission to quarry granite in Kotikoppa taluk.
It was granted a lease and a notification was issued on February 18, 2010. Later, the petitioner received a letter on February 10, 2011, from the deputy conservator of forest and director, mines and geology. The letter stated a survey and demarcation was done.
The letter stated that of the 8.02 acres granted to the company, six acres was within 100 metres of the state forest boundary and hence steps would be taken to execute lease deed only in respect of 2.02 acres. The Karnataka Forest Rules, 1969, prohibit grant of occupancy rights of an area within 100 metres of reserved forests.
The petitioner contended that this rule was not applicable in its case as there is no reserved forest within 100 metres of the area granted for quarrying. The government advocate submitted that in the past, permits had been granted on the strength of the interpretation of the circular dated February 5, 2007.
He further submitted that it was now impermissible to grant permission for quarrying or mining within 100 metres of forest land.
A division bench headed by Chief Justice Vikramajit Sen directed that the director, mines and geology, should file an affidavit stating the instances, if any, where permission has been granted for quarrying or mining within 100 metres of forest land within six weeks. The case has been adjourned to May 31, 2012.
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