IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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.50289 OF 2018 (GM – MM-S) BETWEEN:
SRI. RUPESH KUMAR, S/O NARRA ESWARA REDDY, AGED ABOUT 39 YEARS, R/O NO.170, 2ND CROSS, I BLOCK, KORAMANGALA, BENGALURU – 560 034.
AND:
(BY SMT. B.V.VIDYULATHA, ADVOCATE) ... PETITIONER 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, (MSME, MINES AND TEXTILE), VIKASA SOUDHA,DR.AMBEDKAR VEEDHI, BANGALORE – 560 001.
2. DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVN,RACE COURSE ROAD, BANGALORE – 560 001.
3. DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, ZILLA ADMINISTRATIVE BUILDING, 3RD FLOOR, ROOM NO.316 AND 317, B. RACHAIAH ROAD, CHAMARAJANAGAR – 571 440.
4. DEPUTY COMMISSIONER, CHAMARAJANAGARA DISTRICT, ALSO CHAIRMAN OF DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA), CHAMARAJANAGARA.
5. KARNATAKA STATE LEVEL IMPACT ASSESSMENT AUTHORITY, M.S.BUILDING, BANGALORE – 560 001.
BY ITS MEMBER SECRETARY. ... RESPONDENTS (BY SRI. V.G.BHANUPRAKSH, AGA FOR R1-4; SRI.D.NAGARAJ, ADVOCATE FOR R5) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO FORTHWITH ISSUE ENVIRONMENT CLEARANCE CERTIFICATE TO THE PETITIONER AS SOUGHT FOR IN HIS REPRESENTATION DATED 18.01.2017 AT ANNEXURE – E TO THE WRIT PETITION AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER As prayed for by the learned Advocate for petitioner, he is permitted to implead Karnataka State Level Impact Assessment Authority as respondent No.5. Mr. Nagaraj.D., learned AGA takes notice for impleading respondent No.5.
2. This writ petition is filed seeking a direction to the respondent No.2 to consider the application dated 18.01.2017 filed by the petitioner produced at Annexure-E.
3. The petitioner has been granted with quarrying lease in respect of 2.30 acres of land in Sy.No.60/2 & 62/2 of Veeranapura Village, Chamarajanagara Taluk & District for extracting black granite. 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.
4. Learned AGA appearing for the respondents 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.5 is the competent authority to consider the application made by the petitioner.
5. Sri D. Nagaraj, learned Addltional Government Advocate appearing for respondent No.5 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.
6. In the facts and circumstances of the case, we dispose of this writ petition with a direction to respondent No.5 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. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK