Karnataka High Court
Sri. N. Chandrashekaran vs State Of Karnataka on 19 November, 2024
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WP No. 29420 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT PETITION NO. 29420 OF 2024 (GM-MM_S)
BETWEEN:
1. SRI. N. CHANDRASHEKARAN
NO. 2/891, PIDAMANERI,
LAKKIAMPATTI,
DHARMAPURI, TAMILNADU
REPRESENTED BY HIS GPA HOLDER
MR. SENTHIL KUMAR
AGED 58 YEARS,
REGISTERED GPA HOLDER
...PETITIONER
(BY SRI. S.S. NAGANAND, SENIOR ADVOCATE A/W
Digitally
SRI RAKSHIT RAVINDRA SHRESTY, ADVOCATE)
signed by
AMBIKA H B
Location: AND:
High Court 1. STATE OF KARNATAKA
of Karnataka REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF COMMERCE
AND INDUSTRIES
(MSME AND MINES)
VIKASA SOUDHA
BANGALORE - 560001.
2. DEPARTMENT OF MINES
AND GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD,
BANGALORE - 560001.
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WP No. 29420 of 2024
REPRESENTED BY
ITS DIRECTOR
3. DEPARTMENT OF MINES
AND GEOLOGY
1ST FLOOR, VIDYANAGAR
MANDYA - 571401
REPRESENTED BY
SENIOR GEOLOGIST
4. DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA - 571401.
5. DAM SAFETY COMMITTEE
OFFICE AT ANAND RAO CIRCLE
BANGALORE - 560009
REPRESENTED BY ITS
CHIEF ENGINEER
...RESPONDENTS
(BY SRI. SHASHI KIRAN SHETTY A/W
SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI AND THEREBY QUASH THE
REPLY/ENDORSEMENT DATED 21/08/2024 ISSUED BY THE
RESPONDENT NO.5 (AT ANNEXURE-A) AND ALSO
REPLY/ENDORSEMENT DATED 12/09/2024 ISSUED BY THE
RESPONDENT NO.2 (AT ANNEXURE-B) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WP No. 29420 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned Senior Advocate Mr. S.S. Naganand for
learned advocate Mr. Rakshit Ravindra Shresty for the petitioner
and learned Advocate General Mr. K. Shashi Kiran Shetty assisted
by learned Additional Government Advocate Smt. Niloufer Akbar
for the respondents.
2. The petitioner, an applicant of I.A. No.2 of 2024 filed in Writ
Petition No.19835 of 2024, approached the Dam Safety Committee
seeking permission to continue the quarrying activity, but the
Committee refused to consider his application despite Court's order
dated 31.07.2024. The Dam Safety Committee in its meeting on
21.08.2024 discussed the issue and consequential endorsement
was issued as under,
"However, since the work of reviewing
permission of mining does not come under the
purview of Water Resource Department, if there
is no blasting activity in their quarry activity, they
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should submit a report to the relevant competent
authority and convince them to obtain permission
for their activity."
3. An order of even date is passed in I.A. Nos.7 and 8 of 2024
in Writ Petition No.19835 of 2023. The discussion and reasons
supplied in the said order shall form reasoning of this order as well
as to be part. In the present petition accordingly the following
directions are issued,
(i) The Dam Safety Committee is directed to consider the
application of the petitioner after including an expert
officer/member as part of the Committee for the purpose of
deciding the application/representation of the petitioner. Such
expert officer/member from the Mining Department shall be
nominated by the Chief Secretary, Government of Karnataka to
the Committee.
(ii) The petitioner shall appear before the Dam Safety
Committee including the member as above on 21.11.2024 at
11.00 a.m.
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(iii) The Dam Safety Committee as constituted above shall
give hearing to the petitioner and examine the case put forward
by him claiming he is undertaking only crushing operations.
(iv) The application/representation of the petitioner shall be
decided by the Dam Safety Committee as above after factual
examination in accordance with law and on merits.
(v) Necessary decision shall be taken in each case on or
before 30.11.2024 .
(vi) The decision shall be communicated to the petitioner by
Registered AD Post.
(vii) This Court has not expressed any opinion on the merits of
the controversy.
The present petition stands disposed of as above.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
