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.33378 OF 2018 (GM-MM-S) BETWEEN:
SRI M.V. VENKATESH REDDY, AGED ABOUT 48 YEARS, S/O M.V. VENKATA REDDY, MANDIKAL VILLAGE AND POST, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562 101.
... PETITIONER (BY SRI. PRAKASH B.S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY, ROOM NO.708, GATE-2 MULTI STORIED BUILDING, BANGALORE-560 001.
2. DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC)(CONSTITUTED BY THE MOEF, GOVERNMENT OF INDIA) REPRESENTED BY ITS MEMBER SECRETARY/ASSISTANT COMMISSIONER, CHIKKABALLAPUR SUB-DIVISION, CHIKKABALLAPUR-562 101.
3. DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (CONSTITUTED BY THE MOEF, GOVERNMENT OF INDIA) REPRESENTED BY DEPUTY COMMISSIONER & MEMBER SECRETARY, CHIKKABALLAPUR-562 101.
4. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, M.S. BUILDING, BENGALURU-01.
(AMENDED V/C/O DTD.21.01.2019) ... RESPONDENTS (BY SRI. V.G. BHANU PRAKASH, AGA FOR R1-R3, SRI. D. NAGARAJ, ADVOCATE FOR R4) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SECOND RESPONDENT WHO IS THE MEMBER SECRETARY TO HOLD THE MEETING OF THE DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC), CHIKKABALLAPUR WITHIN A TIME FRAME AND TO CONSIDER THE STATUTORY APPLICATION IN FORM-1M SUBMITTED BY THE PETITIONER ON 09.03.2018 PRODUCED AT ANNEXURE-G AND 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 respondent No.2 to consider the application dated 09.03.2018 filed by the petitioner produced at Annexure-G.
2. The petitioner has been granted with quarrying lease in respect of 3.15 acres of land in Sy.No.42 of Mandikal Village, Mandikal Hobli, Chickaballapur District for extracting pink granite and ornamental dyke. He has submitted application 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 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 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 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 eight weeks from today.
The writ petition stands disposed of accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca