Case Note & Summary
The petitioner, M/S Minera Steel and Power Pvt. Ltd., a mining company, challenged a stoppage notice dated 08.04.2024 issued by the Deputy Conservator of Forests, Vijayanagar Division, Hospet (5th respondent), directing the petitioner to stop mining operations in the forest land. The notice stated that the petitioner was permitted to carry out mining for a maximum period of two years from the date of commencement of the new lease as per guidelines dated 31.03.2020, or till Stage II Approval under the Forest (Conservation) Act, 1980, whichever earlier. The lease deed was executed on 18.04.2022, and since two years had expired, mining operations were required to be stopped. The petitioner argued that the period should be computed from the date of Stage I Approval, not from the lease execution date. The High Court of Karnataka, after hearing the parties, held that the stoppage notice was valid and no interference was warranted. The court noted that the communication dated 08.04.2024 clearly stated the conditions, and the petitioner had not obtained Stage II Approval. The writ petition was dismissed.
Headnote
A) Forest Law - Mining Lease - Stoppage Notice - Forest (Conservation) Act, 1980, Section 2 - The petitioner was permitted to carry out mining in forest land for a maximum period of two years from the date of commencement of the new lease as per guidelines dated 31.03.2020, or till Stage II Approval, whichever earlier. The lease deed was executed on 18.04.2022, and since two years had expired, the stoppage notice was valid. (Paras 1-3)
B) Forest Law - Stage II Approval - Guidelines dated 31.03.2020 - The communication dated 08.04.2024 clearly stated that mining was permitted for a maximum of two years from the date of commencement of the new lease or till Stage II Approval, whichever earlier. The petitioner's contention that the period should be computed from the date of Stage I Approval was rejected. (Paras 1-3)
Issue of Consideration
Whether the stoppage notice dated 08.04.2024 issued by the Deputy Conservator of Forests, Vijayanagar Division, Hospet, directing the petitioner to stop mining operations in the forest land was valid and justified.
Final Decision
The High Court of Karnataka dismissed the writ petition, holding that the stoppage notice dated 08.04.2024 was valid and no interference was warranted. The court found that the petitioner had not obtained Stage II Approval and the two-year period from the execution of the lease deed had expired.
Law Points
- Forest (Conservation) Act
- 1980
- Section 2
- Stage II Approval
- Mining Lease
- Stoppage Notice
- Guidelines dated 31.03.2020
Case Details
2025 LawText (KAR) (02) 13
WRIT PETITION NO. 26018 OF 2024 (GM-MM-S)
N.V. Anjaria, Chief Justice, K.V. Aravind, J.
Sri D.L.N. Rao, Senior Advocate for Sri Anirudh Anand, Advocate (for petitioner); Smt. Niloufer Akbar, AGA (for respondents)
M/S Minera Steel and Power Pvt. Ltd.
State of Karnataka, Department of Mines and Geology, Additional Chief Secretary to Government Forests, Environment and Ecology Department, Principal Chief Conservator of Forest, Deputy Conservator of Forests (Vijayanagar Division), Deputy Conservator of Forests (Bellary Division)
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging a stoppage notice issued by the Deputy Conservator of Forests directing the petitioner to stop mining operations in forest land.
Remedy Sought
Petitioner sought issuance of a writ of certiorari to set aside the stoppage notice dated 08.04.2024 bearing No.A3/Minera/CR-21/2023-24 issued by the 5th respondent.
Filing Reason
The petitioner challenged the stoppage notice on the ground that the two-year period for mining should be computed from the date of Stage I Approval, not from the date of execution of the lease deed.
Issues
Whether the stoppage notice dated 08.04.2024 directing the petitioner to stop mining operations was valid and justified.
Whether the two-year period for mining should be computed from the date of Stage I Approval or from the date of execution of the lease deed.
Submissions/Arguments
Petitioner argued that the two-year period for mining should be computed from the date of Stage I Approval, not from the date of execution of the lease deed.
Respondents contended that the communication dated 08.04.2024 clearly stated that mining was permitted for a maximum of two years from the date of commencement of the new lease (i.e., execution of lease deed on 18.04.2022) or till Stage II Approval, whichever earlier, and since two years had expired, the stoppage notice was valid.
Ratio Decidendi
The court held that the communication dated 08.04.2024 clearly permitted mining for a maximum period of two years from the date of commencement of the new lease (execution of lease deed on 18.04.2022) or till Stage II Approval, whichever earlier. Since two years had expired and Stage II Approval was not obtained, the stoppage notice was valid.
Judgment Excerpts
The Deputy Conservator of Forests, Vijayanagar Division, Hospet, by communication dated 8th April 2024 conveyed to the petitioner that the petitioner was permitted to carry out mining in the forest land in question for maximum period of two years from the date of commencement of the new lease as per the guidelines dated 31st March 2020, or till Stage II Approval under the provisions of Forest (Conservation) Act, 1980 is obtained or till the date the State Government or Government of India so decide, whichever is earlier, that the Lease Deed is executed on 18th April 2022 in favour of the petitioner, and since two years’ period has expired, the mining lease operations were required to be stopped.
Procedural History
The writ petition was filed under Articles 226 and 227 of the Constitution of India challenging the stoppage notice dated 08.04.2024. The petition was heard and reserved for judgment, and pronounced on 18.02.2025.
Acts & Sections
- Forest (Conservation) Act, 1980: Section 2
- Constitution of India: Articles 226, 227
