Case Note & Summary
The petitioner, Mr. H.K. Lakshman Gowda, filed two writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioner sought quashing of letters dated 19.02.2024 (Annexure-B-1) and 15.03.2024 (Annexure-B-2) issued by the second respondent (Karnataka Forest Department) whereby the Forest Department withdrew the No Objection Certificate (NOC) previously granted to the petitioner to undertake mining activities on his subject land. The petitioner was represented by Sri Rakshith B.V.M., Advocate for Sri Suresh T.S., Advocate. The respondents, including the State of Karnataka through various departments (Mines and Geology, Forest, Revenue, Commerce and Industries, and Finance), were represented by Smt. Niloufer Akbar, Additional Government Advocate. The court considered the issue of whether the Forest Department could withdraw the NOC without providing an opportunity of hearing to the petitioner. The court found that the impugned letters were issued without any notice or opportunity to the petitioner, thereby violating the principles of natural justice. Consequently, the court allowed the writ petitions and quashed the letters dated 19.02.2024 and 15.03.2024. The court directed the respondents to consider the petitioner's application for NOC afresh after affording him a reasonable opportunity of hearing. The judgment was delivered by the Division Bench comprising Hon'ble Mr. Vibhu Bakhru, Chief Justice, and Hon'ble Mr. Justice C.M. Poonacha on 21st April 2026.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Quashing of Letters - The petitioner challenged the withdrawal of NOC by the Forest Department without notice. The court held that the withdrawal of NOC without affording an opportunity of hearing is violative of principles of natural justice and quashed the impugned letters. (Paras 1-4) B) Mining Law - No Objection Certificate - Withdrawal - Principles of Natural Justice - The Forest Department withdrew the NOC granted to the petitioner for mining activities. The court held that such withdrawal without prior notice and hearing is arbitrary and unsustainable. (Paras 1-4)
Issue of Consideration
Whether the Forest Department can withdraw a No Objection Certificate (NOC) granted for mining activities without affording the petitioner an opportunity of hearing and without following principles of natural justice.
Final Decision
The writ petitions are allowed. The impugned letters dated 19.02.2024 and 15.03.2024 are quashed. The respondents are directed to consider the petitioner's application for NOC afresh after affording him a reasonable opportunity of hearing.
Law Points
- Principles of natural justice
- opportunity of hearing
- withdrawal of NOC without notice
- mining lease
- forest clearance
- Article 226
- Article 227
