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MSPL LIMITED Corp MSPL LIMITED Corp. Office Baldota Enclave, Abheraj Baldota Road, Hosapete-583203. Karnataka. India. 4 Office: +91 8394 232002,232003, Fax: +91 8394 232333,232444 4 Regd.Email : [email protected] Bhavan, url(7,: www.mspllimited.comMaharshi Karve Road, Mumbai-400020. India. BALD OTA Tel: +91 22 22030989 Fax: +912222019762 Email: [email protected] WE ARE LIFE CIN UI3IOOMHI96IPLCOI2I6O Dated —26 th December’2016 To, The Nodal Officer & Addl. Principal Chief Conservator of Forests (Forest Conservation), O/o Principal Chief Conservator of Forests (HoFF), Forest Department, Govt. of Karnataka, Aranya Bhavan. 18 th cross, Malleswaram, Bengaluru-560003 Subject — Application for approval under section 2(111) of Forest (conservation Act),1980 for signing of lease agreement for an extent of 218.20 Ha of forest land in Kumarswamy village, Sandur taluk, Ballari District in favour of MIs MSPL Limited, Hosapete Reference: 1.Your Office letter No.A5 (1).MNG.CR.45/2016-17 Dated: 19.12.2016. 2. Our Online Application, Dated 14.12.2016 3. Our Proposal No. FPIKAIMIN/23050/2016 Submitted through Web Portal Sir, This is in reference to above cited letter No.1, We would like to submit you point wise reply. (i) We have submitted LOl along with Map duly signed by The Secretary to Government, Commerce & Industries Department, MSME, Mines & Textiles, Bengaluru, along with online application. Now, Hon’ble High court of Karnataka by its order dated 14.12.2016 in WP No.63360 of 2016 (enclosed) has directed the Govt. of Karnataka to grant and execute mining lease deed. In view of above High court order, we request you to process our application for Forest Clearance. ü) We are submitting Geo-referenced map of the Forest land proposed to be diverted duly certified by Director, DMG, Bengaluru along with Lat & long of area. In view of above High court order, we request you to process our application for Forest Clearance. We request you to seek further information required if any, from DMG, Bengaluru to process our application. Thanking you, \Tours sincerely, K.MADHUSUDHANA, VICE PRESIDENT-MINES. Enclosed as above. n’~ ~ IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF DECEMBER, 2016 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NO.63360 OF 2016(GM-MM-S) BETWEEN: M/S.MSPL UMITED BALDOTA ENCLAVE ABHERAJ BALDOTA ROAD HOSPET — 583 203. BELLARY DISTRICT REPRESENTED BY ITS VICE PRESIDENT(LEGAL) SRI.A.G.DESAI Sb. GOPAL RAO AGED ABOUT 51 YEARS. ... PETITIONER (BTMR.SWAMY M.M. ADVOCATE) AND: 1. THE UNION OF INDIA MINISTRY OF MINES 3RD FLOOR, ‘A’ WING SHASTRI BHAVAN NEW DELHI — 110 001 REPRESENTED BY ITS SECRETARY. This Certihed copy conains $4.. ages And rr)pyiug ch44gc~ Ut t Rc~’iaved —2. THESTATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES(MINES, 551 AND TEXTILES) 1ST FLOOR, VIKASA SOUDHA BENGALURU — 560 001 REPRESENTED BY ITS SECRETARY 3. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001 RESPONDENTS (MR.K.A.ARIGA, CCC FOR R-1 SRI.I.THARPNATH POOJARY, AGA FOR R-2 & R-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to comply with section 1OA(2) (c) of the Mines and Minerals (Development and Regulation) Act, 1957 and grant mining lease over an area measuring 218.2 hectares in Kumaraswamy Range, Sandur Taluk, Bellary District in favour of the petitioner and etc. This petition coming on Preliminary Hearing for this day, THE CHIEF JUSTICE made the following: ORDER Issue notice to the respondents. Mr. K.A.Ariga, learned Central Government Counsel, accepts notice for the respondent No.1. Mr.I.Tharanath Poojary, learned additional government advocate, accepts notice for the respondent Nos.2 and 3. Therefore, formal service of notice to the respondents is dispensed with. 2. Mr.Swamy M.M., learned advocate appearing for the writ petitioner, relies upon the decision of this Court in SMT.A. V. SHAKUNTALA versus UNION OF INDIA AND OTHERS in Writ Petition Nos.36461 to 36463 of 2016 and connected matters, dated December 1, 2016. He submits that his client has complied with all the formalities. He draws our attention to Annexure-C to the writ petition dated February 9, 2004, which has been a communication from the office of the Under Secretary to Government (Mines), Department of Commerce and Industries, to the Secretary to Government, Department of Commerce and Industries (Mines, SSI and Textiles), where recommendations were made to grant mining lease for iron ore and manganese ore in favour of the writ petitioner. Therefore, he submits that the writ petitioner is entitled for the mining lease. 3. We feel that there are correspondences to show that there were intentions on the part of the authorities to grant mining lease in favour of the writ petitioner. 4. We direct the authorities to consider, grant and execute the mining lease in favour of the writ petitioner upon compliance of all formalities in the light of our decision in SMT.A.V.SHAKUNTALA (supra), by December 31, 2016. 5. The writ petition stands disposed of. 6. We make no order as to costs. Sd? CHIEF JUSTICE Sd/ JUDGE ~ apphcu~ ‘rkzj ~ C Ct Whin, c)mx~es aad.adcjt&, C~nrges~ if any nJF1-l fx ______ _____ ____ dated on whidi ch4rges nix! add Itiona A cuiaqe.. If any are t The nate on ~thsth the coç~~’ ~ ~4.’jui_j 0 m~ I ~) W The dote that ~ COurt of ICarnaLaa tar deitt?eiy • 0 The on Whki; the ~.3~~4Lb ~eeIuna-5oo-ooi gi The date an WhieJi the the ~ I h~sc~Fj”L ‘e’”~ .
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