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.34695 OF 2018 (GM-MM-S) BETWEEN:
SRI. O. GANESHAN AGED ABOUT 44 YEARS, S/O. OVU REDDIYAR, NO.2, MUDICHUR ROAD, WEST TAMBARAM, CHENNAI-600 045. ... PETITIONER (BY SRI. PRAKASH B.S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, ENVIRONMENT & ECOLOGY, ROOM NO.708, GATE-2, MULTI STORIED BUILDING, BANGALORE 560001 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 AND 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 THIRD RESPONDENT TO HOLD THE MEETING OF THE DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY WITHIN A TIME FRAME AND TO CONSIDER THE RECOMMENDATION OF THE DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC), CHIKKABALLAPUR IN ITS MEETING HELD ON 25.11.2017, PRODUCED AT ANNEXURE-F IN RESPECT OF THE STATUTORY APPLICATION IN FORM-1M DATED 02.12.2016 SUBMITTED BY THE PETITIONER ON 06.12.2016 PRODUCED AT ANNEXURE-D 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.3 to consider the application dated 06.12.2016 filed by the petitioner produced at Annexure-D.
2. The petitioner has been granted with quarrying lease in respect of 8.00 acres of land in Sy.No.25 of Reddyhalli Village, Chikkaballapur Taluk, Chikkaballapur District for quarrying building stone. 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