Karnataka High Court
Ganesh Y Bankapur vs State Of Karnataka on 6 April, 2023
Bench: Chief Justice, M.G.S. Kamal
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WP No. 1550 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 1550 OF 2023 (GM-MMS)
BETWEEN:
SHIVAYOGIGOUDA H. PATIL
AGED ABOUT 49 YEARS
R/AT GAUDER AREA ASUNDI VILLAGE
BINKADAKATTI, GADAG
GADAG DISTRICT - 582 103.
...PETITIONER
(BY SRI. RAVINDRA GAJANAN KOLLE, ADVOCATE)
AND:
Digitally
signed by 1. STATE OF KARNATAKA
ROOPA R U
REP. BY ITS CHIEF SECRETARY
Location:
VIDHANA SOUDHA
High Court
of Karnataka BENGALURU
BENGALURU - 560 001.
2. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU
BENGALURU - 560 001.
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WP No. 1550 of 2023
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
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
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
BENGALURU - 560 001.
...RESPONDENTS
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WP No. 1550 of 2023
(BY SRI. MAHENDRA S.S. AGA FOR R1 TO R4 & R7;
SRI. D. NAGARAJA, ADVOCATE FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER DIRECTION,
DIRECTING THE 5TH RESPONDENT SEIAA TO PASS
APPROPRIATE ORDERS GRANTING ENVIRONMENTAL
CLEARANCE CERTIFICATE PURSUANT TO PETITIONERS
APPLICATION DATED 31.12.2020 PRODUCED AT ANNEXURE-N
WITHOUT REFERRING NON EXISTENT 10KM DEFAULT ESZ
PERTAINING TO KAPPATHAGUDDA WILDLIFE SANCTUARY
ESPECIALLY IN THE LIGHT OF LAW LAID DOWN BY HONBLE
APEX COURT IN GODAVARMAN CASE REPORTED IN 2022 (10)
SCC 544 AND IN GOA FOUNDATION CASE REPORTED IN 2014
(6) SCC 590 AN ALSO ORDER DATED 13.01.2021 PASSED BY
THIS HONBLE COURT IN WP No.15654/2020 PRODUCED AT
ANNEXURE-P,Q, AND R RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
On instructions, learned counsel for the respondent
No.5 submits before this Court that the respondent No.5
would decide the application of the petitioner dated
31.12.2020 within a stipulated period fixed by this Court.
Accordingly, accepting his submission as undertaking to
this Court, the petition is disposed of with a direction to
the respondent No.5 to decide the application of the
WP No. 1550 of 2023
petitioner dated 31.12.2020. Needless to state that, such
decision shall be on the merits of the application and
particularly in view of the latest judgment of the Apex
Court in the case of T.N.GODAVARMAN THIRUMULPAD,
IN RE VS. UNION OF INDIA reported in 2022 (10)
SCC 544 as expeditiously as possible and not later than
eight weeks from the receipt of the copy of this Court.
With the above observation, petition is disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RU
