Proceedings against Shivakumar's kins stayed for 3 months

Bangalore, Feb 1 (UNI) The Karnataka High Court today stayed for three months all further proceedings in a criminal case filed by the Forest Department against M/s Indian Rocks, a granite quarry run by the family members of former Minister D K Shivakumar, accusing it of using Forest property in violation of the Forest Conservation Act.

Mr Justice S A Nazeer passed the interim order after directing the Government Advocate to take notice of a writ petition, filed by the firm and its partners challenging the criminal proceedings initiated against them before the Kanakapura Civil Judge and JMFC court and the Magistrate issuing non-bailable warrant against them.

The petitioners also sought an order, quashing the proposal of the Deputy Conservator of Forests vide notice dated January two last to take possession of the property, leased to the firm in 2000 by the State Government. They also sought a direction, restraining the respondents from interfering with their right to conduct quarry operations and a direction to the authorities to issue mineral despatch permits for transporting granite blocks from the property.

The petitioners submitted that the Forest Department had issued a showcause notice to it, claiming that the land in which they had taken up quarrying came under its purview. The petitioners had given an appropriate reply to the notice, asking the forest authorities to withdraw the criminal case and permit quarrying. But the forest department had filed a chargesheet against the petitioners for allegedly committing offences under the Forest Conservation Act by illegally and unauthorisedly occupying five acres of forest land and carrying on quarrying, an anti-forest activity, thereby causing a loss of Rs 2,24,55,150 to the State exchequer.

The petitioners argued that as the land was a Government wasteland and not a forest land, the forest authorities had no jurisdiction over it. The impugned action initiated against them was ultravires of the power conferred on the respondents and gross abuse of the process of the court, besides violating the principles of natural justice.

UNI