IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 28th day of March, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR Writ Petition No. 13429 of 2017 (GM-MM-S) BETWEEN:
M/S SIDDESHWARA INTERNATIONAL 10TH FLOOR, THE RESIDENCY 133/1, RESIDENCY ROAD BENGALURU-560025 REP BY ITS PARTNER NIRANJAN TOLIA S/O JAYENTILAL TOLIA AGED ABOUT 70 YEARS ... PETITIONER [By Sri K Shashi Kiran Shetty, Senior Advocate a/w Ms Anuparna Bordoloi, Advocate) AND:
1. STATE OF KARNATAKA SECRETARY TO GOVERNEMNT INDUSTRIES AND COMMERCE DEPARTMENT (MSME AND MINES) 106, 1ST FLOOR, VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU, KARNATAKA- 560 001 2. DEPARTMENT OF FOREST ENVIRONMENT AND ECOLOGY GOVERNMENT OF KARNATAKA THROUGH ITS SECRETARY TO GOVERNMENT HAVING ITS ADDRESS AT KARNATAKA GOVERNMENT SECRETARIAT ROOM NO.708, 7TH FLOOR, GATE NO.4 M.S.BUILDING, BENGALURU-560 001 3. UNION OF INDIA THROUGH THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE HAVING ITS ADDRESS AT INDIRA PARYAVARAN BHAVAN JORBAGH ROAD NEW DELHI-110 003 4. DIRECTOR MINES AND GEOLOGY GOVERNMENT OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 … RESPONDENTS [By Sri V G Bhanuprakash, AGA for R1, R2 & R4 Sri Krishna S Dixit, ASG, for R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH THE GOVERNMENT ORDER DATED 21.2.2017 PASSED BY THE R-1 TO THE EXTENT IT REQUIRES PETITIONER TO OBTAIN ENVIRONMENTAL CLEARANCE FOR CARRYING ON MINING OPERATIONS UNDER THE MINING LEASE NO. 2491 DATED 13.6.2005 VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R Issue notice to the respondents.
Mr. Venkataswamy Gangadhar Bhanuprakash, learned additional government advocate, accepts notice for the respondent Nos 1, 2, 4 and 5.
Mr. Krishna S. Dixit, learned additional solicitor general, accepts notice for the third respondent.
2. Mr. Shashi Kiran Shetty, learned senior advocate, appearing for the writ petitioner, submits that the insistence of obtaining of environmental clearance by the petitioner is not necessary, because, the project or the activity of mining is in an area measuring 4.89 hectares.
3. He draws our attention to the Notification dated October 7, 2014, issued by the Union Government. He, further, draws our attention to another notification dated January 27, 1994. It has been provided that for mining projects for major minerals with leases for more than 5 hectares, environmental clearance is necessary.
4. Since, admittedly, the mining activity of the writ petitioner is in an area less than 5 hectares, that is, in an area measuring 4.89 hectares, insistence of environmental clearance is improper.
5. The authorities are, therefore, directed to consider the request of the writ petitioner for issuance of supplementary mining lease without insisting for production of environmental clearance, in terms of the aforesaid government notifications.
6. With the above direction, the writ petition is disposed of.
7. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE *pjk