The State Of Karnataka vs. Anjaneya P. Kadam

ITEM NO.45

COURT NO.6

SECTION IV-A

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 11694/2018

(Arising out of impugned final judgment and order dated 05-01-2017 in WP No. 65757/2016 passed by the High Court Of Karnataka At Bengaluru)

THE STATE OF KARNATAKA & ANR.

Petitioner(s)

VERSUS

ANJANEYA P. KADAM

$Respondent(s)$

(FOR ADMISSION and I.R. and IA No.56630/2018-CONDONATION OF DELAY IN FILING and IA No.56635/2018-EXEMPTION FROM FILING O.T. and IA No.56636/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS, IA No. 79384/2019 - APPROPRIATE ORDERS/DIRECTIONS & IA No. 8413/2019 -PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

WITH

Diary No(s). 11696/2018 (IV-A) (FOR CONDONATION OF DELAY IN FILING ON IA 56660/2018, FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON $\mathbf{I}\mathbf{A}$ 117916/2018, FOR CLARIFICATION/DIRECTION ON IA 84782/2023 & FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100725/2023)

Date: 10-07-2023 These matters were called on for hearing today.

HON'BLE MR. JUSTICE ANIRUDDHA BOSE CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR

• For Petitioner(s) Mr. Prateek K Chadha, A.A.G. Mr. V. N. Raghupathy, AOR

  • Mr. Omkar Kambi, Adv.

  • Mr. Manendra Pal Gupta, Adv.

  • Ms. Muskaan Singla, Adv.

  • Mr. Sreekar Aechuri, Adv.

• For Respondent(s) Mr. Sameer Abhyankar, AOR Ms. Nishi Sangtani, Adv. Ms. Vani Vandana Chhetri, Adv. Ms. Sugandh Rathore, Adv. Mr. Amish Tandon, Adv. Mr. Ayush Beotra, Adv. Ms. Anushree Kulkarni, Adv. Mr. Harsh, Adv.
  • Mr. Rahul Kumar, Adv.
  • Mr. Aakash Thakur, Adv.

Mr. V. Giri, Sr. Adv. Mr. Ankur S. Kulkarni, Adv. Mr. Nirnimesh Dube, Adv. Mr. Susheel Joseph Cyriac, Adv. Mr. Anirudh Anand, Adv. Ms. Uditha Chakravarthy, Adv. M/S. Lex Regis Law Offices, AOR

UPON hearing the counsel the Court made the following O R D E R

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 11694/2018 (item 45)

Delay condoned.

The State of Karnataka in this petition has assailed the judgment and order of the Division Bench of the High Court passed on 05.01.2017. This order records:-

"In this writ petition, a request is made to grant and execute mining lease in favour of the writ petitioner after setting aside the notification dated January 05, 2013, being Annexure-D to the writ petition.

2. An approval under Section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957, as amended by the Amendment Act of 2015, is essential.

3. A notification was issued by the Government of Karnataka on April 12, 2006, granting mining lease in favour of the petitioner for a period of 20 years in relation to 40 acres of land. Subsequently, by an order dated January 05, 2013, it was kept in abeyance.

4. When there has been an approval under Section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957, we do not find any justifiable reason for the State Government for not executing the lease.

5. Therefore, the notification dated January 5, 2013 is set aside. We direct the authorities to consider and grant mining lease in favour of the writ petitioner in relation to the land allotted to it, by January 11, 2017, peremptorily .

6. With the aforesaid observations, the writ petition stands disposed of."

As it is recorded in this order, there is a mandatory direction on the State to consider and grant mining lease in favour of the writ petitioner (respondent before us) in relation to the land allotted to him. This order by the Division Bench of the High Court was passed having regard to a notification issued by the Government of Karnataka on 12.04.2006 according sanction for granting mining lease in favour of the respondent for a period of 20 years in relation to the 40 acres of land. A subsequent notification was issued on 05.01.2013 (CI.349:MMM.2010) for keeping in abeyance the aforesaid notification of 12.04.2006. The appeal from which the present proceeding arises, dealt with the later notification of 05.01.2013 keeping in abeyance the notification of 12.04.2006 by which sanction was accorded for granting mining lease to the respondent. The said order was passed by the Division Bench of the High Court considering the notification issued by the Government of Karnataka on 12.04.2006.

Mr. Giri, learned senior counsel appearing for the respondent brings to our notice a subsequent memorandum dated 06.01.2017 by which the Government notification dated 12.04.2006 itself was cancelled. Since the order of cancellation was passed after the impugned decision was delivered, the respondent cannot take advantage of the notification of 12.04.2006 anymore.

It is also argued by Mr. Giri that his client has challenged the legality of the memorandum that was issued by the State of

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Karnataka on 06.01.2017 (at page no.113 of the special leave petition) in Writ Petition No.1505/2017. As we have already observed, issue of the memorandum dated 06.01.2017 in substance dismantles the foundation of the impugned order of the Division Bench of the High Court, which is under appeal before us. The basic reasoning on which the decision was delivered no more survives.

Now that Mr. Giri's client has challenged the cancellation notification dated 06.01.2017, the context in which the impugned decision was delivered stands drastically altered. The judgment assailed in this petition obviously cannot be given effect to, as the sanction for according mining lease to the respondent by notification dated 12.04.2006 has been cancelled. With these observations, the Special Leave Petition stands disposed of.

We, however, make it clear that while hearing the fresh Writ Petition filed by Mr. Giri's client, the Court shall not in any way be influenced by the decision of the Division Bench of the High Court delivered on 05.01.2017 in any manner whatsoever.

Pending application(s), if any, shall also stand disposed of.

Diary No(s). 11696/2018

Delay condoned. Leave granted. List on 02.08.2023.

(NIRMALA NEGI) (VIDYA NEGI)

COURT MASTER (SH) ASSISTANT REGISTRAR

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