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.49018 OF 2018 (GM-MM-S) BETWEEN:
SRI C.N. PRAKASH S/O NARAYANANREDDY AGED ABOUT 47 YEARS R/AT CHIMAKALAHALLY VILLAGE THOKALAHALLY POST GOWRIBIDANUR TALUK CHIKKABALLAPUR DIST-561228 (BY SRI HARISH H.V., ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF ECOLOGY AND ENVIRONMENT 7TH FLOOR, MS BUIDLING BENGALURU-560 001 2. DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN & DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPURA-561 209 3. DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE REPRESENTED BY ITS CHAIRMAN & EXECUTIVE ENGINEER DEPARTMENT OF MINOR IRRIGATION CHIKKABALLAPUR DISTRICT CHIKKABALLAPURA-561 209 4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY M.S. BUILDING BANGALORE – 560 001 REP. BY ITS SECRETARY (AMENDED V/C/O DTD. 21.01.2019) ... RESPONDENTS (BY SRI V.G. BHANUPRAKASH, AGA FOR R1-R3 SRI D. NAGARAJ, ADVOCATE FOR R-4 ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, DIRECT THE RESPONDENTS TO CONSIDER GRANTING ISSUANCE OF ENVIRONMENTAL CLEARANCE UNDER SUB SECTION 3 OF SECTION 3 OF THE ENVIRONMENT (PROTECTION) ACT 1986, UNDER THE PROVISIONS OF EIA NOTIFICATION 2006, TO THE PETITIONER'S LEASE HOLDING RIGHTS UNDER KARNATAKA MINOR MINERAL CONCESSION (AMENDED) RULES, 2016 & ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER This writ petition is filed seeking a direction to the respondents to issue Environmental Clearance under sub- Section (3) of Section 3 of the Environment (Protection) Act, 1986, under the provisions of EIA Notification 2006, to the petitioner’s leasehold rights under the Karnataka Minor Mineral Concession (Amended) Rules, 2016.
2. The petitioner is the lease holder of land measuring 4 acres in Sy.No.132 of Kothakote Village, Bagepalli Taluk, Chikkaballapura District for extracting grey granite. He has applied for environmental clearance in respect of the said land. However, the said application has not been considered by the respondents so far. Hence, the present writ petition is filed.
3. Learned AGA appearing for 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 consider the application made by the petitioner.
4. Sri D. Nagaraj, learned counsel appearing for the respondent No.4 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.
5. In the facts and circumstances of the case, we 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 eight weeks from today.
The writ petition stands disposed of accordingly.
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ACTING CHIEF JUSTICE Sd/- JUDGE ca