The petitioner filed a writ petition under Article 226 quashing Office Memorandum and Circular regarding environmental conditions. The appeal was disposed of as withdrawn.
Petition disposed of as withdrawn with liberty to approach the third respondent for modification of conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.47957 OF 2019 (GM-RES)
BETWEEN:
SRI ERROL FERNANDES S/O C.V.FERNANDES AGED ABOUT 54 YEARS R/AT No.95, AMARJYOTHI LAYOUT INNER RING ROAD, DOMLUR BENGALURU – 560 071
... PETITIONER
(BY SHRI SAMMITH S., ADVOCATE)
AND:
ROOM No.706, 7TH FLOOR 4TH GATE, M.S.BUILDING BANGALORE – 560 001
... RESPONDENTS
(SHRI A.D.RAMANANDA, CGC FOR RESPONDENT NOS.1, 2 & 4 SHRI D.NAGARAJ, ADVOCATE FOR RESPONDENT No.3 SHRI GURURAJ JOSHI, ADVOCATE FOR RESPONDENT No.5 SHRI ARAVIND M NEGLUR AND SHRI PRASHANTH CHANDRA, ADVOCATES FOR RESPONDENT No.6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO GRANT AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE OFFICE MEMORANDUM DATED 01.05.2018 ALONG WITH CIRCULAR DATED 19.06.2018 AS CONTAINED IN ANNEXURE-D ISSUED BY RESPONDENT No.2 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
In the morning session, after hearing the learned counsel appearing for the parties, this Court issued rule nisi . In the afternoon session, the learned counsel appearing for the petitioner mentions the matter by tendering a memo for withdrawal.
recall the order passed in the morning session and dispose of the petition by passing the following order.
(i) The petition is disposed of as withdrawn with liberty to the petitioner to apply to the third respondent by making a representation for modification of condition No.(X) imposed in the Environment Clearance dated 9th July 2019 (Annexure-E) in the light of the Office Memorandum dated 30th September 2020;
(iii) Needless to add that it will be always open for the petitioner to challenge the decision taken on the representation.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
AHB
1 provisions across 1 enactments
SRI ERROL FERNANDES
UNION OF INDIA
THE DIRECTOR (IA-III-POLICY)
THE MEMBER SECRETARY STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FORESTS
THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE
ABHAY S. OKA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
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