- 1 - NC: 2025:KHC:1613-DB WP No. 29584 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 29584 OF 2024 (GM-MM-S) BETWEEN: 1. M/S. BELLARY STEELS AND ALLOYS LIMITED A COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT, 1956 WITH ITS REGD. OFFICE AT M/S. B.S.R.M., S.NO. A-890 ANANTHAPURA ROAD, BALLARI BALLARI - 583 101. REP. BY ITS DIRECTOR MR. S. SHIVARAMPRASAD AGED ABOUT 55 YEARS. …PETITIONER (BY SRI S.S. MAHENDRA, ADVOCATE FOR SRI E. VINAY KUMAR, ADVOCATE) AND: 1. MINISTRY OF ENVIRONMENT AND FOREST AND CLIMATE CHANGE UNION OF INDIA, REGIONAL OFFICE (SZ) KENDRIYASADAN, 4TH FLOOR E AND F WINGS, 17TH MAIN ROAD KORAMANGALA II BLOCK BENGALURU - 560 034. REP BY ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (C). Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:1613-DB WP No. 29584 of 2024 2. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT M.S. BUILDING VIKAS SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND NODAL OFFICER FOREST CONSERVATION ARANAYA BHAVAN 18TH CROSS MALLESHWARAM BENGALURU - 560 003. 4. THE CONSERVATOR OF FORESTS BALLARI CIRCLE KALAMMA STREET MOTHI CIRCLE BALLARI - 583 101. 5. THE DEPUTY CONSERVATOR OF FORESTS BALLARI DIVISION BALLARI - 583 102. 6. THE RANGE FOREST OFFICER SANDUR NORTH RANGE SANDUR - 583 119. 7. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. 8. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY - 3 - NC: 2025:KHC:1613-DB WP No. 29584 of 2024 BALLARI - 583 101 BALLARI. …RESPONDENTS (BY SRI SHANTHI BHUSHAN H., DGSI FOR R-1 & SMT. NILOUFER AKBAR, AGA FOR R-2 TO R-8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT No.1 TO 6 TO CONSIDER THE BOTH THE APPLICATIONS DATED 06.03.2024 AT ANNEXURE-A AND DATED 02.05.2024 AT ANNEXURE-B TO ISSUE SUITABLE DIRECTIONS TO THE RESPONDENTS Nos.3, 4 AND 5 TO EXECUTE FOREST LEASE AGREEMENT IN FAVOUR OF PETITIONER WITHIN A PERIOD OF TWO WEEKS AND TO PERMIT THE PETITIONER TO START THE MINING OPERATION & ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:1613-DB WP No. 29584 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. S.S. Mahendra for learned advocate Mr. E. Vinay Kumar for the petitioner and learned Deputy Solicitor General of India Mr. H. Shanthi Bhushan for respondent No.1 and learned Additional Government Advocate Smt. Niloufer Akbar for rest of the respondents who are the State and its authorities. 2. The present petition is filed seeking a direction against respondent Nos.1 to 6 - authorities to consider the applications dated 06.03.2024 and 02.05.2024 submitted by the petitioner and thereby to issue suitable directions to respondent Nos.3, 4 and 5 to execute the Forest Lease Agreement in favour of the petitioner. 3. The case of the petitioner stated in nutshell is inter alia that the petitioner applied for grant of mining lease as per the application dated 27.09.1993 for extraction of iron ore. The prior approval was granted on 10.11.1997 by the Ministry of Mines, - 5 - NC: 2025:KHC:1613-DB WP No. 29584 of 2024 Government of India as required under Section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957. It is the case of the petitioner that it was also given Stage - II clearance for a period of twenty years co-terminus with the lease granted under the 1957 Act. 3.1 It is the further say of the petitioner that it obtained necessary permission from the Karnataka State Pollution Control Board and consent for establishment dated 28.06.2024 was also issued. Further, the Mine Development and Production Agreement was executed in favour of the petitioner on 27.02.2024 and a rectification deed titled as mining lease was also executed in favour of the petitioner on 15.03.2024. 3.2 It is stated that pursuant to the completion of the formalities, the petitioner approached the Deputy Conservator of Forests, Bellary Division for execution of agreement under the Forest Conservation Act, 1980 in respect of Sanctioned Mining Lease No.003/2017 by submitting the representation dated 06.03.2024. 4. Since no action is taken, the present petition came to be filed with the prayers as aforesaid. - 6 - NC: 2025:KHC:1613-DB WP No. 29584 of 2024 5. Having considered the facts pleaded, the prayers made in the petition and having heard learned advocates for the respective parties, the Court finds that the application made by the petitioner for executing the Forest Lease Agreement is pending consideration and the competent authority of the respondent will have to examine and consider the same on merits. 6. Therefore, this petition is disposed of by directing the competent forest authority to look into the prayer of the petitioner for execution of Forest Lease Agreement in accordance with law and on merits. The competent forest authority shall consider the application of the petitioner and shall complete the exercise by deciding the same on merits within a period of six weeks from the date of receipt of the certified copy of this order. 7. The present petition stands disposed of in the aforesaid terms. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 35