Disposed

Sri Ashok R Kabadi v. State of Karnataka

Karnataka HC13 Mar 2024WP/2139/2024

Case brief

AI extract

What is this about?

A stone crusher partner sought a direction to SEIAA to consider his representation and application for an environmental clearance certificate for extracting ordinary building stone in Gadag district. The court directed SEIAA to consider the representation within eight weeks without expressing any opinion on merits.

What did the court decide?

SEIAA directed to consider the representation dated 22.12.2023 for grant of Environmental Clearance Certificate within eight weeks, per merits and law.

Sri Ashok R Kabadi Vs State of Karnataka — Mining and Natural Resources | Karnataka HC (2024)

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NC: 2024:KHC:10199-DB WP No. 2139 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 2139 OF 2024 (GM-MM_S)

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BETWEEN:

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SRI. ASHOK R KABADI, S/O RAMACHANDRASA Y KABADI, AGED ABOUT 41 YEARS, PARTNER, SRI. NANDI STONE CRUSHERS P B ROAD, NEAR SBI BANK, KUMARAPATNA, RANEBENNUR TALUK, HAVERI DISTRICT, KARNATAKA.

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…PETITIONER

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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(BY MS. AKSHATA., ADVOCATE FOR MS.DHEEMANTHIKA GOWDA.,ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS DIRECTOR, THE DEPARTMENT OF MINES AND GEOLOGY, NO. 49 KHANIJA BHAVAN, RACE COURSE ROAD, BANGALROE 560 001.

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SENIOR GEOLOGIST THE DEPARTMENT OF MINES AND GEOLOGY, ZILLA ADDALITHA BHAVANA, NO. 108, GADAGA, KARNATAKA 582 101.

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2 - NC: 2024:KHC:10199-DB WP No. 2139 of 2024

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DEPUTY COMMISSIONER, ZILLA ADALITA BHAVANA, GADAG, KARNATAKA 582 101.

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DEPUTY CONSERVATOR OF FOREST, GADAG DISTRICT, KARNATAKA 582 101.

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STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) DEPARTMENT OF ECOLOGY ENVIRONMENTAL FOREST, REP BY ITS MEMBER SECRETARY, 706, 7^Th FLOOR, 4^TH GATE, M S BUILDING, BANGALORE 560 001. EMAIL MSSEIAAKARNATAKA@ GMAIL.COM PH 0802032497

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…RESPONDENTS

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(BY SRI.S S MAHENDRA., PRINCIPAL GOVERNMENT ADVOCATE FOR R1 TO R4; SRI. D NAGARAJ.,ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE FIFTH RESPONDENT TO CONSIDER THE REPRESENTATION DATED 22.12.2023 PRODUCED HERETO AS ANNEXURE-A AND II. ISSUE A WRIT IN THE NATURE OF DIRECTION THEREBY DIRECTING THE FIFTH RESPONDENT TO CONSIDER THE APPLICATION OF THE PETITIONER SEEKING ENVIRONMENTAL CLEARANCE PRODUCED HERETO AS ANNEXURE-G AND ETC.,

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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3 - NC: 2024:KHC:10199-DB WP No. 2139 of 2024

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ORDER

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Heard learned advocate Ms. Akshata for the petitioner, and learned Principal Government Advocate Mr.S.S.Mahendra for Respondent Nos. 1 to 4.

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1.1. Learned advocate Sri D.Nagaraj, who normally appears

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for Respondent No.5 is directed to accept notice on behalf of Respondent No.5.

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What is prayed in this petition filed under Article 226 of the Constitution is to direct the respondent No.5- State Environment Impact Assessment Authority (SEIAA), Department of Ecology Environmental Forest to consider the representation dated 22.12.2023 of the petitioner. A copy of the representation is produced on the record of the petition at Annexure-A.

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2.1. It is further prayed to direct the State-respondent to consider the application of the petitioner for grant of Environmental Clearance Certificate. The very request is advanced in the aforesaid representation dated 22.12.2023.

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The aforesaid prayers are made in the background of

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the facts inter alia that an application has been made by the

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4 - NC: 2024:KHC:10199-DB WP No. 2139 of 2024

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petitioner before the competent authority for grant of license for extraction of ordinary building stone over an area of 10 acres 39 guntas in survey numbers 122/1, 122/2, 122/3 and 122/4 in chikkasavanur village, Chirati Taluk, Gadag District. It is stated by the petitioner that one of the requirement is to obtain the Environmental Clearance Certificate in addition to compliance of other certificates to be secured from the different competent authorities in relation to grant of permission to extract the mineral.

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Since the prayer before this court is only to require the respondent authority to consider the representation of the petitioner, the said prayer to the said extent could be granted.

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The competent authority-respondent No.5 is directed to consider the representation dated 22.12.2023 of the petitioner for grant of Environmental Clearance Certificate which shall be done after taking into account all the relevant facts and aspects, and in accordance with law and on merits.

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5.1 The decision on the representation shall be taken within eight weeks from the date of receipt of the order.

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NC: 2024:KHC:10199-DB WP No. 2139 of 2024

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It is observed that this court has not expressed any

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opinion on the merits of request of the petitioner and in respect of

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the grant of Environmental Clearance Certificate.

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The petition accordingly stands disposed off.

Sd/CHIEF JUSTICE

Sd/-

JUDGE

Snb/

List No.: 1 Sl No.: 3

Sri Ashok R Kabadi v. State of Karnataka

Case brief

What is this about?

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Sri Ashok R Kabadi v. State of Karnataka

Case brief

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