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.23527 OF 2018 (GM-MM-S) BETWEEN:
M/S MNR ENTERPRISES, REP. BY PARTNER- M N RAM, AGED ABOUT 42 YEARS, R/AT NO.65/62, TEENA NILAYA, OPPOSITE TO THOMAS SCHOOL, MARUTHI LAY-OUT, B H ROAD, NELAMANGALA POST-562 123 (BY SRI R.G.KOLLE, ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001 4. THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY, GANDHI NAGAR, TUMAKURU-572101 5. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE, TUMAKURU DISTRICT, TUMAKURU-572101 6. THE DEPUTY COMMISSIONER AND CHAIRMAN TUMKUR DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, TUMAKURU-572101 7. THE DEPUTY CONSERVATOR OF FOREST O/O THE DEPUTY CONSERVATOR OF FOREST, TUMAKURU DIVISION, TUMAKURU-572102 8. CHAIRMAN (AMENDED VIDE COURT STATE LEVEL ENVIRONMENT ORDER DATED IMPACT ASSESSMENT AUTHORITY 21.01.2019) BENGALURU - 01 ... RESPONDENTS (SRI.VIKRAM HUILGOL, HCGP FOR RESPONDENT NOS.1 TO 7 SRI.D.NAGARAJ, ADVOCATE FOR RESPONDENT NO.8) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-6 TO IMMEDIATELY GRANT ENVIRONMENTAL CLEARANCE CERTIFICATE AS PER APPLICATION DTD:18.10.2016 FILED BY THIS PETITIONER PRODUCED AT ANNEXURE-E, OVER AN AREA OF 4-00 ACRES IN GOVT. KHARAB LAND BEARING 98 OF PEMMADEVERAHALLI VILLAGE IN KORATAGERE TALUKA, TUMAKURU DISTRICT, PURSUANT TO GRANT NOTIFICATION DTD:22.9.2016 ISSUED BY THE R-4 DEPUTY DIRECTOR AS PER ERSTWHILE RULE 27, VALID FOR A PERIOD OF 20 YEARS IN TERMS OF NEWLY AMENDED RULE 8- A[2] & [4] AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER It is the case of the petitioner that it had made an application for grant of quarrying lease to extract ordinary building stone in land measuring 4.00 acres situated at survey No.98 of Pemmadevarhalli Village, Kasaba Hobli, Koratagere Taluka, Tumakuru District. The writ petition, being W.P.No.54905/2015 filed by the petitioner, was disposed of by the order dated 11.01.2016, directing the Deputy Director, Department of Mines and Geology to consider and dispose of the application of the writ petitioner for grant of quarrying lease deed in Form–E on the basis of the recommendation of the District Task Force Committee. It is further contended that though the grant notification was issued on 22.09.2016, the lease deed is not executed in favour of the petitioner. Therefore, the petitioner preferred another writ petition bearing No.30074/2017, which came to be disposed of on 29.08.2017 with a direction to the Government to reconsider the prayer of the petitioner within six weeks. Pursuant to the orders passed by this Court and the grant notification issued by the respondent No.4, the petitioner made an application seeking grant of Environmental Clearance Certificate. The same has not yet been considered. Hence, the petitioner has filed this petition.
2. Learned HCGP appearing for the respondent Nos.1 to 7 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.8 is the competent authority to consider the application made by the petitioner.
3. Sri D.Nagaraj, learned counsel appearing for the respondent No.8 submits that if the application made by the petitioner is in accordance with the provisions of the Karnataka Minor Mineral Concession Rules, 1994, the same would be considered and appropriate orders would be passed within a period of eight 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.8 to consider the application made by the petitioner for Environment Clearance and to pass appropriate orders within a period of eight weeks from today.
5. The writ petition stands disposed of accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB