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.35264/2018 & WRIT PETITION NO.39833/2018 (GM-MM-S) BETWEEN:
M/S PLATINUM GRANITES EXPORTS, BY ITS PARTNER SRI AHAMADUL HAQ, S/O LATE G.M. ZIAUL HAQ, AGED ABOUT 60 YEARS, R/AT NO.6/170, GUNDLUPET ROAD, A.P. MOHALLA, CHAMARAJANAGAR-571 313.
... PETITIONER (BY SRI. KALEEMULLAH SHARIFF, ADVOCATE) AND:
1. THE DIRECTOR OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
2. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NO.316, 317, 3RD FLOOR, JILLA DALITHA BHAVAN, CHAMARAJANAGAR-571 313.
3. THE DEPUTY COMMISSIONER, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313.
4. THE MEMBER-SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KARNATAKA, DEPARTMENT ECOLOGY & ENVIRONMENT ROOM NO.709, 7TH FLOOR, 4TH GATE, M.S. BUILDING, BENGALURU-560 001.
5. ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION, KOLLEGALA, CHAMARAJANAGAR-571 313. ... RESPONDENTS (BY SRI. VIKRAM HUILGOL, HCGP FOR R1 TO R3 & R5 SRI. D. NAGARAJ, ADVOCATE FOR R4) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTICE DATED 23.06.2018 PRODUCED AT ANNEXURE-G, ISSUED BY THE 2ND RESPONDENT; ISSUE DIRECTIONS TO THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 31.03.2018 PRODUCED AT ANNEXURE-E AND DATED 31.03.2018 ANNEXURE-E1 GIVEN TO RESPONDENT NO.4 AND THE REPRESENTATION DATED 15.06.2018 GIVEN TO RESPONDENT NO.5 PRODUCED AT ANNEXURE-F AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER These petitions are filed seeking to quash the notice dated 23.06.2018 at Annexure-G and for a direction to the respondents to consider the representations of the petitioner dated 31.03.2018 at Annexures-E and E1 and the representation dated 15.06.2018 at Annexure-F.
2. Learned counsel for the petitioner submits that the representations made for issuance of environmental clearance in respect of 1 acre and 2 acres of land respectively in Sy.No.159 of Heggotara Village, Harve Hobli, Chamarajanagara Taluk and District have not been considered so far. Hence, the present petitions are filed.
3. Learned HCGP appearing for the respondent Nos.1 to 3 and 5 submits that the applications/representations made by the petitioner are 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 consider the application made by the petitioner.
4. Sri D. Nagaraj, learned counsel appearing for the respondent No.4 submits that if the applications/representations 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.
5. In the facts and circumstances of the case, we find it appropriate to dispose of these writ petitions with a direction to the respondent No.4 to consider the applications/representations made by the petitioner for Environment Clearance and to pass appropriate orders within a period of eight weeks from today.
These writ petitions stand disposed of accordingly.
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ACTING CHIEF JUSTICE Sd/- JUDGE ca