IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 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.23523 OF 2018 (GM-MM-S) BETWEEN:
SHRI K.S.PALANISWAMY AGED ABOUT 70 YEARS S/O LATE SELVAPPA CHETTIAR NO.1500, KUCHAPPAPETE DODDABALLAPUR – 560 102 BANGALORE RURAL DISTRICT (BY SRI SMT.KUSUMA R.PRASAD, ADVOCATE FOR SRI.L.M.CHIDANANDAYYA, ADVOCATE) AND:
1. DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA) REPRESENTED BY ITS CHAIRMAN & DEPUTY COMMISSIONER CHIKKABALLAPURA DIST. CHIKKABALLAPURA – 562 101 2. DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC) REPRESENTED BY ITS CHAIRMAN/ EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT CHIKKABALLAPURA DIST. CHIKKABALLAPURA – 562 101 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA RACE COURSE ROAD BANGALORE – 560 001 ... PETITIONER 4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (AMENDED VIDE COURT M.S.BUILDING, 2ND FLOOR ORDER DTD. 21.01.2019) BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY ... RESPONDENTS (SRI.VIKRAM HUILGOL, HCGP FOR RESPONDENT NOS.1 TO 3 SRI.D.NAGARAJ, ADVOCATE FOR RESPONDENT NO.4) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 1ST RESPONDENT TO GRANT ENVIRONMENT CLEARANCE FOR CONDUCTING THE QUARRYING OPERATION IN THE SCHEDULE PROPERTY IN TERMS OF THE RECOMMENDATION MADE BY THE 2ND RESPONDENT DATED 18.04.2017 VIDE ANNEXURE-E AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER It is case of the petitioner that he was granted quarry lease for a period of 10 years in the year 2004 in the land measuring 10.00 acres situated in survey No.78 of Yelakarahalli village, Gudibande Taluk, Chikkaballapur District. In view of the notification dated 20.07.2016, the period of lease granted to the petitioner was treated as 20 years and the petitioner was permitted to carry on the quarrying operations subject to obtaining the Environmental Clearance from the competent authority. Accordingly, the petitioner made an application for grant of Environmental Clearance. The petitioner filed W.P.No.32293/2017 with a prayer to treat the period of lease as 30 years in terms of the amended provisions to the Karnataka Minor Mineral Concession Rules, 1994 (‘the Rules’ for short) and to execute the lease deed. The writ petition came to be disposed of by the order dated 24.10.2017 directing the authorities concerned to consider the application made by the petitioner within eight weeks. In spite of several requests and representations made by the petitioner, the application of the petitioner is kept pending. Hence, the petitioner is again before this Court seeking direction to the respondent No.1 to grant Environmental Clearance for conducting quarry operation.
2. Learned HCGP appearing for the respondent Nos.1 to 3 submits that the application made by the petitioner is pending before the competent authority. It is submitted that in view of the order passed by the National Green Tribunal, Principal Bench, New Delhi in O.A.No.186/2016 dated 13.09.2018, the respondent No.4 is the competent authority to issue Environmental Clearance.
3. Sri D.Nagaraj, learned counsel appearing for the respondent No.4 submits that if the application made by the petitioner is complete in accordance with law, the same would be considered and appropriate orders would be passed within a period of six weeks.
4. In the facts and circumstances of the case, we find it appropriate to dispose of this writ petition with a direction to the respondent No.4 to consider the application made by the petitioner for Environment Clearance and to pass appropriate orders within a period of six weeks from today.
5. In case, if the application is not considered and disposed of within six weeks from today, the petitioner is at liberty to revive this writ petition seeking appropriate orders.
6. The writ petition stands disposed of accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB