- 1 - HC-KAR NC: 2025:KHC:49861-DB WP No. 18094 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 18094 OF 2025 (GM-MM_S) BETWEEN: M/S SAI SRI BLUE METALS REPRESENTED BY ITS PARTNER SRI SHYLENDRA KUMAR SON OF HARAGADDE VEMANNA VENKATESH AGED ABOUT 38 YEARS SY NO. 47, MAHANTHALINGAPURA VILLAGE ANEKAL TALUK BANGALORE URBAN DISTRICT 560 083 …PETITIONER (BY SRI. MAHENDRA S S, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR AMBEDKAR VEEDHI BENGALURU 560 001 2. THE PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES GOVERNMENT OF KARNATAKA VIKAS SOUDHA Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49861-DB WP No. 18094 of 2025 BENGALURU 560 001 3. THE DISTRICT STONE CRUSHERS LICENSING AND REGULATING AUTHORITY REPRESENTED BY ITS CHAIRMAN THE DEPUTY COMMISIONER DC OFFICE BUILDING K G ROAD BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTIRCT 560 009 4. THE DISTRICT STONE CURSHERS LICENSING AND REGULATING AUTHORITY REPRESENTED BYITS MEMBER SECRETARY THE SENIOR GEOLOGIST OFFICE OF DISTIRCT COMMISSIONER K G ROAD BEHIND KANDAYA BHAANA BENGALURU URBAN DISTRICT 560009 5. THE DEPUTY CONSERVATOR OF FORESTS BANNERGHATTA NATIONAL PARK BANGALORE 560 083 …RESPONDENTS (BY SRI. K.S. HARISH, GA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT No. 3, NAMELY THE CHAIRMAN OF THE DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY, BANGALORE URBAN DISTRICT, TO FORTHWITH ISSUE THE STONE CRUSHER LICENSE IN FORM-C TO THE PETITIONER, AS PER PROCEEDINGS DATED 06.04.2021 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49861-DB WP No. 18094 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. JUSTICE C.M. POONACHA) 1. The present writ petition is filed seeking for the following reliefs: a) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No. 3; namely The Chairman of the District Stone Crusher Licensing and Regulation Authority, Bangalore Urban District, to forthwith issue the Stone Crusher Licence in Form-C to the Petitioner, as per proceedings dated 06.04.2021(ANNEXURE-A). b) ISSUE A WRIT OF CERTIORARI or any other appropriate writ, order or direction, quashing that the Impugned decision of the District Stone Crushers Licencing and Regulation Authority in the proceeding dated 06.04.2021 (ANNEXURE-A) in so far as ordering to recover the dead rent/ lease rent and the notice in the form of an order issued by the Member Secretary of the District Stone Crusher Licensing and Regulation Authority, Bangalore Urban District, dated 07.12.2024(ANNEXURE-B) demanding sum a of - 4 - HC-KAR NC: 2025:KHC:49861-DB WP No. 18094 of 2025 ₹87,07,500/- towards lease rent/dead rent, for Non operational period as arbitrary, illegal, and contrary to the Government Order. c) Pass such other order or direction as this Hon'ble Court may deem fit, proper, and in the interest of justice and equity, in the facts and circumstances of the case. 2. The petitioner was granted a licence in Form 'C' for establishment of a stone crusher in Sy.No.47 of Mahanthalingapura Village, Anekal Taluk, Bangalore Urban District (subject land), for a period of five years and was valid upto 22.3.2022. The said licence was granted after complying with the various statutory formalities. The Senior Geologist, Department of Mines and Geology (respondent No.4) issued a notice dated 11.9.2018 notifying the petitioner, inter alia, that the stone quarry established on the subject land falls within the Eco-Sensitive Zone (ESZ) of the Bannerghatta National Park and hence, instructed the petitioner to immediately suspend all the mining operations. 3. It was the contention of the petitioner that the subject land falls outside the boundary of the Bannerghatta National Park. A - 5 - HC-KAR NC: 2025:KHC:49861-DB WP No. 18094 of 2025 joint survey was conducted on 10.10.2020 with the officials of the Forest Department, Revenue Department as well as the Department of Mines and Geology. The Deputy Commissioner of Forests, Bannerghatta National Park, Bengaluru, vide communication dated 16.10.2020 intimated respondent No.4 that the subject land is situated at a distance of 1110 metres from the boundary of the Bannerghatta National Park and falls outside ESZ. Subsequently, in the meeting of the District Stone Crusher Licensing and Regulations Authority (Authority) held on 6.4.2021 it was resolved to grant deemed extension of the licence of the petitioner for twenty years as per the rules subject to the condition of payment of applicable lease rent of the government land and green belt being developed by planting trees within a perimeter of 20 to 30 metres around the crusher unit. Consequently, upon the request made by the petitioner seeking for licence in Form 'C', respondent No.4, who is also the Member Secretary of the Authority, issued notice dated 7.12.2024 calling upon the petitioner to pay lease rent amount of Rs.87,07,500/-, and thereafter steps would be taken to grant the deemed extension. Being aggrieved, the petitioner has filed the present writ petition. - 6 - HC-KAR NC: 2025:KHC:49861-DB WP No. 18094 of 2025 4. It is the contention of the petitioner that since the licence of the petitioner was suspended from 11.9.2018 to 6.4.2021, the question of the petitioner paying lease rent for the said period does not arise. It is further contended that the demand of lease rent has been made without affording an opportunity of hearing to the petitioner. The petitioner also disputes the quantification of the lease rent. 5. Admittedly, the petitioner has been granted deemed extension of licence for twenty years. It is the contention of the learned Government Advocate that the Consent For Operation (CFO) issued by the Karnataka State Pollution Control Board (KSPCB) is valid only till 30.9.2017. 6. It is noticed that the petitioner was issued a licence in Form C for establishment of the Stone Crusher on 21.4.2017, which was valid up to 22.3.2022. However, the CFO issued by the KSPCB dated 24.1.2017 was valid only upto 30.9.2017. The petitioner was directed to stop operations only from 11.9.2018. Admittedly, between the period 30.9.2017 to 11.9.2018 the petitioner did not have the requisite permission from the KSPCB. - 7 - HC-KAR NC: 2025:KHC:49861-DB WP No. 18094 of 2025 7. The petitioner has been granted deemed extension of his licence for Stone Crusher on 6.4.2021 for twenty years subject to payment of the applicable lease rent. In the event, the petitioner has to continue his operations, he is entitled to do so only after obtaining the necessary permissions and approvals for the same. 8. In the aforesaid background, it cannot be said that the demand made by respondent No.4 is without jurisdiction. However, the petitioner is justified in contending that the said demand has been made without affording an opportunity to the petitioner to put forth its say. 9. It is sought to be contended by the learned Government Advocate that a statutory remedy is available to the petitioner under Section 15 of the Karnataka Regulation of Stone Crushers Act, 2011 (hereafter 'Act'). Section 8 of the Act provides for the establishment of the Authority. Section 8(1)(a) stipulates that the Deputy Commissioner of the District shall be the Chairman of the Authority. Section 8(1)(g) stipulates that the Deputy Director/Senior Geologist, Department of Mines and Geology shall be the Member Secretary of the Authority. Section 15 of the Act provides for - 8 - HC-KAR NC: 2025:KHC:49861-DB WP No. 18094 of 2025 appeals against the orders of the Authority. Section 15(1) of the Act stipulates the Regional Commissioner of the concerned region to be the appellate authority. 10. The petitioner has, inter alia, called in question the proceedings dated 6.4.2021 of the Authority to the extent of imposing a pre-condition of recovery of lease rent/dead rent for issuance of the licence. The Authority, in its proceedings dated 6.4.2021, had granted deemed extension of twenty years as noticed above, "subject to the condition of payment of applicable lease rent of the government land and a green belt is developed by planting trees within a perimeter of 20 to 30 meters around the crusher unit". We are unable to accept the contention of the writ petitioner that the further condition imposed of payment of applicable lease rent is required to be interfered with. 11. The petitioner has also called in question the notice dated 7.12.2024 issued by respondent No.4. The proceedings dated 6.4.2021 do not specify that the petitioner is required to pay a sum of Rs.87,07,500/- towards lease rent amount. It is also contended on behalf of the petitioner that no notice was issued to it before it - 9 - HC-KAR NC: 2025:KHC:49861-DB WP No. 18094 of 2025 was called upon to pay the lease rent amount of Rs.87,07,500/- and it was not afforded an opportunity of being heard. In the said circumstances, it is apposite that the petitioner not be relegated to the appellate authority in terms of Section 15 of the Act. 12. In view of the aforementioned, the communication dated 7.12.2024 (Annexure B to the Writ petition) shall be treated as a show cause notice and the petitioner shall be at liberty to reply to the same with all necessary documents. Respondent No.4, upon receipt of the reply of the petitioner shall afford an opportunity of hearing to the petitioner and pass necessary orders. 13. With the aforesaid directions, the writ petition stands disposed of. 14. Pending IAs., if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 20