Karnataka High Court
Shivayogigouda H Patil vs State Of Karnataka on 17 March, 2022
Bench: Chief Justice, S R.Krishna Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.15525 OF 2021 (GM-MM_S)
BETWEEN:
SHIVAYOGIGOUDA H.PATIL
AGED ABOUT 48 YEARS,
R/AT GAUDER AREA, ASUNDI VILLAGE
BINKADAKATTI GADAG
GADAG DISTRICT-582 103
... PETITIONER
(BY SRI R.G.KOLLE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BENGALURU
BENGALURU-560 001
2. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF COMMERCE
AND INDUSTRIES, VIKASA SOUDHA,
BENGALURU-560 001
3. THE DIRECTOR AND COMMISSIONER
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU-560 001
4. THE SENIOR GEOLOGIST
AND COMPETENT AUTHORITY
DEPARTMENT OF MINES AND GEOLOGY
NO.108, ZILLADALITHA BHAVANA
GADAG DISTRICT-582 101
5. THE MEMBER SECRETARY
STATE LEVEL ENVIRONMENT IMPACT
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ASSESSMENT AUTHORITY, KARNATAKA
(SEIAA), DEPARTMENT OF FOREST
ECOLOGY AND ENVIRONMENT
ROOM NO.706, 7TH FLOOR
4TH GATE, M.S.BUILDING
BENGALURU-560 001
6. THE SECRETARY (SEAC)
STATE EXPERT APPRAISAL
COMMITTEE KARNATAKA
DEPARTMENT OF FOREST ECOLOGY AND
ENVIRONMENT ROOM NO.706
7TH FLOOR 4TH GATE M S BUILDING
BENGALURU-560 001
7. THE ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF FORESTS, ECOLOGY AND
ENVIRONMENT GOVT OF KARNATAKA
VIDHAN SOUDHA
BENGALURU-560 001
... RESPONDENTS
(BY SRI S.S.MAHENDRA, AGA FOR R1 TO R4 AND R7
SRI D.NAGARAJ, ADVOCATE FOR R5 AND R6)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER ORDER OR DIRECTION, DIRECTING
TO QUASH OR SET ASIDE THE EC CLOSURE ORDER/EC REJECTION
ORDER DATED 25.08.2020 BEARING NO.SEIAA 253 MIN 2019,
PASSED BY 5TH RESPONDENT MEMBER SECRETARY, SEIAA,
PRODUCED AT ANNEXURE-A RELYING ON AN ERRONEOUS AND
ILLEGAL RECOMMENDATION MADE BY THE 6TH RESPONDENT SEAC
BASED ON THE NON-EXISTING CONCEPT OF 10 KM DEFAULT ECO-
SENSITIVE ZONE AROUND KAPPATHAGUDDA WILDLIFE
SANCTUARY WHICH IS NOT INCLUDED IN THE LIST NOTIFIED BY
THE HON'BLE APEX COURT IN ITS ORDER DATED 11.12.2018 IN
I.A.NO.1000 IN W.P.(CIVIL) 202/1995, ESPECIALLY IN THE LIGHT OF
SETTLED POSITION OF LAW AND LAND MARK DECISION
DELIVERED BY HON'BLE APEX COURT IN GOA FOUNDATION CASE
REPORTED IN 2014 (6) SCC 590 AND CONSEQUENT ORDER DATED
13.01.2021 PASSED BY THIS HON'BLE COURT IN BUSHAN
ENTERPRISES CASE AT W.P.NO.15654/2020 PRODUCED AT
ANNEXURE-P, M AND N RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
S.R. KRISHNA KUMAR, J., MADE THE FOLLOWING:
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ORDER
In this petition, the petitioner has sought for the following reliefs:
A. Issue a Writ of Certiorari or any other Order or Direction, directing to quash or set aside the EC Closure Order/EC Rejection Order dated 25.08.2020 bearing No.SEIAA 253 MIN 2019, passed by 5th respondent Member Secretary SEIAA, produced at Annexure-A; relying on an erroneous and illegal recommendation made by the 6th Respondent SEAC based on the non-
existing concept of 10 km default Eco-Sensitive Zone around Kappathagudda Wildlife Sanctuary which is not included in the lsit notified by the Hon'ble Apex Court in its Order dated 11.12.2018 in IA No.1000 in WP(Civil) 202/1995; especially in the light of settled position of law and land mark decision delivered by Hon'ble Apex Court in Goa Foundation Case reported in 2014 (6) SCC 590 and consequent Order dated 13.01.2021 passed by this Hon'ble Court in Bushan Enterprises case at WP No.15654/2020 produced at Annexure-P, M & N respectively; and/or B. Issue a Writ of Mandamus or any other Order or Direction, directing the 5th Respondent SEIAA to pass appropriate orders granting Environmental Clearance Certificate pursuant to Petitioner's Application for EC dated 31.12.2020 to extract Ordinary Building Stone, over an area of 04-00 Acres in Sy.No.67/2 of Seetalahari Village in -4- Gadag Taluka & District produced At Annexure-L; and/or;
C. Pass any such other further Orders as this Hon'ble Court deems as fit and proper under the facts and circumstance of the case, to meet the ends of justice.
2. Heard learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 to 4 and 7 and learned counsel for respondent Nos.5 and 6 and perused the material on record.
3. A perusal of the impugned communication/order at Annexure-A dated 25.08.2020 will indicate that the said order was passed by taking into account the continuous absence of the petitioner/applicant.
4. Learned counsel for respondent Nos.5 and 6 on instructions submits that if the petitioner appears before the State Level Environment Impact Assessment Authority, Karnataka, his application would be considered and appropriate orders would be passed in accordance with law.
5. The said submission of learned counsel for respondent Nos.5 and 6 is placed on record. -5-
6. Under these circumstances, nothing remains to be adjudicated in the present petition and the same is hereby disposed of by setting aside the impugned order/communication at Annexure-A dated 25.08.2020.
The petitioner shall appear before the State Level Environmental Impact Assessment Authority i.e., respondent No.5 within a period of one month from today. Upon the petitioner appearing before respondent No.5- Authority, respondent No.5 shall consider the application of the petitioner and pass appropriate orders as expeditiously as possible.
Accordingly, the Writ Petition is hereby disposed of.
SD/-
CHIEF JUSTICE SD/-
JUDGE BMC