IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 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.18142/2019 (GM-MMS) BETWEEN:
M/S. BRINDAVAN GRANITES BLACK DIAMOND HOUSE NO.1/1, 4TH CROSS, 1ST BLOCK JAYANAGAR, BANGALORE – 560 011 REPRESENTED BY ITS PARTNER B. RAMESH AGED ABOUT 44 YEARS S/O G. BYRAPPA ... PETITIONER (BY SRI KIRAN J. ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOREST ECOLOGY & ENVIRONMENT ROOM NO.710, 7TH FLOOR, 4TH GATE, M.S. BUILDING BENGALURU – 560 001 2. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 3. STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC), KARNATAKA (CONSTITUTED BY MoEF & CC, GOVERNMENT OF INDIA) DEPARTMENT OF FOREST ECOLOGY & ENVIRONMENT ROOM NO.710, 7TH FLOOR, 4TH GATE, M.S. BUILDING BENGALURU – 560 001 ... RESPONDENTS (BY SRI BHANUPRAKASH V.G. AGA FOR R1 & R2; SRI D. NAGARAJ, ADVOCATE FOR R3) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.3 TO HOLD THE MEETING OF THE STATE LEVEL EXPERT APPRAISAL COMMITTEE (SEAC) WITHIN A TIME FRAME AND GRANT ENVIRONMENTAL CLEARANCE TO THE PETITIONER FOR MINING QUARRYING PLAN AS PER MINING LEASE M.L.NO.2197 FOR QUARTZ AND CLAY MINE IN ACCORDANCE WITH GOVERNMENT ORDER DATED 04.01.2018 (ANNEXURE-‘A’) AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Shri Bhanuprakash V.G., learned AGA accepts notice for respondents No.1 and 2 and Shri D. Nagaraj, learned advocate accepts notice for respondent No.3.
2. Shri.Kiran J., learned Advocate for the petitioner and Shri.Bhanuprakash, learned AGA for the State and Shri.D.Nagaraj for respondent No.3 jointly submit that the issue involved in this writ petition is covered by a decision of this Court in W.P. No.34703/2018 decided on 21.01.2019.
3. The grievance of petitioner in this writ petition is that the State Level Expert Appraisal Committee has not considered petitioner’s case and accordingly petitioner has sought for a direction to the said Committee to grant environmental clearance in respect of mining lease No.2197.
4. Shri.Nagaraj, learned Advocate for respondent No.3 submits that petitioner’s case will be considered and decided within an outer limit of six months.
5. In the circumstance, we dispose of this writ petition by recording the submission of Shri.Nagaraj and direct respondent No.3 to consider and dispose of petitioner’s application for environmental clearance in accordance with law as expeditiously as possible and in any event within an outer limit of six months from the date of receipt of a copy of this order.
No costs.
Shri.V.G.Bhanuprakash, learned AGA and Shri.D.Nagaraj, learned advocate are permitted to file Memo of appearance/Vakalath within four weeks.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE *ALB/-