IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.6042 OF 2019 (GM-RES) BETWEEN:
BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARAPARK WEST BENGALURU-560 020 REPRESENTED BY ITS COMMISSIONER.
... PETITIONER (BY SRI S. AJESH KUMAR FOR SRI ASHWIN C. ADVS.) AND:
1. MR. SUDHAKAR HEGDE S/O LATE KUNJANNA SHETTY, AGED ABOUT 69 YEARS RESIDING AT NO.948, 6TH CROSS ASHA TOWNSHIP BILISHIVALE VILLAGE DODDAGUBBI POST BENGALURU 560 077.
2. MR. M.V.K. ANIL KUMAR., S/O LATE M.V. KARUNAKARAN AGED ABOUT 70 YEARS RESIDING AT “ ANUGRAHA” NO. 12, 2ND MAIN ROAD, ASHWINI LAYOUT, EJIPURA BENGALURU 560 047.
3. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY ROOM, NO.706, 7TH FLOOR 4TH GATE, M.S. BUILDING BANGALURU 560 001 REPRESENTED BY ITS MEMBER SECRETARY 4. MINISTRY OF ENVIRONMENT & FORESTS, PARYAVARAN BHAVAN, CGO COMPLEX LODHI ROAD NEW DELHI – 110 003 REPRESENTED BY ITS SECRETARY (ENVIRONMENT, FORESTS & CLIMATE CHANGE).
5. KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVAN CHURCH STREET BENGALURU 560 001 REPRESENTED BY ITS MEMBER SECRETARY.
... RESPONDENTS (BY SRI. C. SHASHIKANTH, ASG FOR R.4 SRI D. NAGARAJ, AGA. FOR R.3 SRI GURURAJ JOSHI, ADV. FOR R.5 SMT. MAITREYI KRISHNAN & SRI CLIFTON D. ROZARIO ADVS. FOR R.1 & R.2) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 15.04.2015 VIDE ANNX-A AND SUBSEQUENT ORDERS EXTENDING THE SAME PASSED BY THE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE), CHENNAI IN APPEAL NO. 27 OF 2015 ( SZ) VIDE ANNX-B AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a memo dated 20.02.2019 praying to dismiss the petition as withdrawn with liberty to approach the Hon’ble Supreme Court of India.
2. The memo is placed on record.
3. Petition is dismissed as withdrawn with liberty to approach the Hon’ble Supreme Court of India to challenge the order passed by the National Green Tribunal (Southern Zone), Chennai in Appeal No.27/2015.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR