Karnataka High Court
M/S Skanda Rocks vs The State Of Karnataka on 4 July, 2022
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MS.JUSTICE J.M. KHAZI
W.P.NO.1363 OF 2022 (GM-MM-S)
BETWEEN:
M/S SKANDA ROCKS
DOOR NO.04, SY.NO.113,
ARALALU VILLAGE,
SATVANAHALLI PANCHAYATH,
KASABA HOLI,
KANAKAPURA TALUK - 562117,
RAMANAGARA DISTRICT,
REPRESENTED BY ITS
PARTNER, K.SRINIVAS,
AGED ABOUT 57 YEARS.
... PETITIONER
(BY SRI. PRAKASH B.S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF FOREST
ENVIRONMENT AND ECOLOGY,
ROOM NO.708, GATE-II,
MULTI STORIED BUILDING,
BANGALORE-560001.
2. STATE LEVEL EXPERT
APPRAISAL COMMITTEE
(SEAC)(CONSTITUTED BY THE MOEF,
GOVERNMENT OF INDIA)
2
REPRESENTED BY IS MEMBER SECRETARY,
DEPARTMENT OF ECOLOGY
AND ENVIRONMENT, ROOM NO.710,
7TH FLOOR, GATE-IV,
MULTI STORIED BUILDING,
BENGALURU-560001.
3. STATE LEVEL ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY
SEIAA, (CONSTITUTED BY THE MOEF,
GOVERNMENT OF INDIA),
DEPARTMENT OF ECOLOGY
AND ENVIRONMENT,
REPRESENTED BY ITS CHAIRMAN,
ROOM NO.706, 7TH FLOOR, GATE-IV,
MULTI STORIED BUILDING,
BANGALORE-560001.
4. PRINCIPAL CHIEF CONSERVATOR OF FOREST
AND CHIEF WILD LIFE WARDEN,
(WILD LIFE DIVISION)
ARANYA BHAVANA,
2ND FLOOR, 18TH CROSS,
MALLESHAWARAM,
BENGALURU-560003.
... RESPONDENTS
(BY SRI. S.S.MAHENDRA, AGA FOR R1 & R4;
SRI. D.NAGARAJ, ADVOCATE FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A
WRIT OF CERTIORARI OR ORDER OR DIRECTION IN THE
NATURE OF A WRIT QUASHING THE ORDER / LETTER
DATED 19.11.2021 BEARING NO.SEIAA 238 MIN 2020
ISSUED BY THE MEMBER SECRETARY, PRODUCED AT
ANNEXURE-A REJECTING THE STATUTORY APPLICATION
IN FORM-1 DATED 20.06.2020 PRODUCED AT ANNEXURE-
D FILED BY THE PETITIONER SEEKING ENVIRONMENT
CLEARANCE FOR THE MULTI COLOUR GRANITE QUARRY
PROJECT AT Sy.No.167 OF KOTEKOPPA VILLAGE,
KANAKAPURA TALUK, RAMANAGARA DISTRICT COVERED
UNDER QUARRYING LEASE NO.628 DATED 30.01.2004
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PLACING RELIANCE ON THE ERRONEOUS DISTANCE
CERTIFICATE ISSUED BY THE 4TH RESPONDENT HEREIN.
THE ORDER /LETTER ISSUED BY THE 3RD RESPONDENT
IS PRODUCED AT ANNEXURE-A TO THE WRIT PETITION;
B) DECLARE BY APPROPRIATE WRIT OR ORDER IN THE
NATURE OF WRIT THAT THE DISTANCE OF THE ECO
SENSITIVE ZONE OF THE PROJECT SITE OF THE
PETITIONER IS GOVERNED BY FINAL NOTIFICATION
ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST
AND CLIMATE CHANGE GOVERNMENT OF INDIA DATED
22ND AUGUST, 2017 PRODUCED AT ANNEXURE - H; c)
ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE
OF MANDAMUS, DIRECTING THE THIRD RESPONDENT TO
GRANT ENVIRONMENT CLEARANCE IN FAVOUR OF THE
PETITIONER BY CONSIDERING THE STATUTORY
APPLICATION IN FORM 1 DATED 20.06.2020 FILED BY THE
PETITIONER SEEKING GRANT OF ENVIRONMENT
CLEARANCE. THE COPY OF THE STATUTORY FORM
DATED 20.06.2020 HAS BEEN PRODUCED AT ANNEXURE-
D TO THIS WRIT PETITION; d) GRANT SUCH OTHER
RELIEF OR RELIEFS AND FURTHER RELIEFS AS THIS
HON'BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES
OF THE CASE IN THE INTEREST OF JUSTICE.
THIS WP COMING ON FOR FINAL DISPOSAL THIS
DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Mr. Prakash B.S, learned counsel for petitioner.
Mr.S.S.Mahendra, learned Additional Government Advocate for respondent Nos.1 and 4.
Mr. D.Nagaraj, learned counsel for respondent Nos.2 and 3.
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In this writ petition the petitioner inter-alia seeks the writ of Certiorari for quashing of order dated 19.11.2021 passed by the State Level Environment Assessment Authority, Karnataka constituted under different provisions of Environment (Protection) Act, 1986.
2. Section 16 of the National Green Tribunal Act, 2010 provides for appeal. Section 16(i) reads as under:
"16. Tribunal to have appellate jurisdiction:- Any person aggrieved by -
(a) an order or decision, made, on or after the commencement of the National Green Tribunal Act, 2010, by the appellate authority under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(b) an order passed, on or after the commencement of the National Green Tribunal Act, 2010, by the State Government under section 29 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(c) directions issued, on or after the commencement of the National Green Tribunal Act, 2010, by a Board, under 5 section 33A of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(d) an order or decision made, on or after the commencement of the National Green Tribunal Act, 2010, by the appellate authority under section 13 of the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977)
(e) an order or decision made, on or after the commencement of the National Green Tribunal Act, 2010, by the State Government or other authority under section 2 of the Forest (Conservation) Act, 1980 (69 of 1980);
(f) an order or decision, made, on or after the commencement of the National Green Tribunal Act, 2010, by the Appellate Authority under section 31 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981);
(g) any direction issued, on or after the commencement of the National Green Tribunal Act, 2010, under section 5 of the Environment (Protection) Act, 1986 (29 of 1986);
(h) an order made, on or after the commencement of the National Green Tribunal Act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject 6 to certain safeguards under the Environment (Protection) Act, 1986 (29 of 1986);
(i) an order made, on or after the commencement of the National Green Tribunal Act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the Environment (Protection) Act, 1986 (29 of 1986);
(j) any determination of benefit sharing or
order made, on or after the
commencement of the National Green Tribunal Act, 2010, by the National Biodiversity Authority or a State Biodiversity Board under the provisions of the Biological Diversity Act, 2002 (18 of 2003), may, within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the Tribunal"
3. Thus, the petitioner has an alternative and efficacious statutory remedy for filing of appeal before the National Green Tribunal. We therefore, are not inclined to exercise the extraordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India, in view of the 7 availability of alternative statutory remedy of appeal to the petitioner.
The writ petition is therefore disposed of with liberty to the petitioner to assail the order dated 19.11.2021 by way of appeal before the National Green Tribunal.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE RR