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N. V. ANJARIA, KRISHNA S. DIXIT
S. R. Bellary, Son Of Late Rudrappa – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
(Per : N.V.Anjaria, the CJ)
All these nine writ petitions have common thread of facts and the issue involved is identical. In that view, they were notified and heard together to be disposed of by this common order.
1.1 Heard learned Senior Advocate Mr. G.S. Kannur assisted by learned Advocate Mr. P.M. Siddamallappa and Mr. K.Srikanth Patil for the petitioners and learned Government Advocate Mr. S.S. Mahendra for the respondents, at length.
2. In these petitions filed under Article 226 of the Constitution, what is prayed by the petitioners is to set aside resolution dated 29th September 2022 passed by the District Task Force Committee (Mines), Gadag District. Also prayed to set aside is order dated 5th December 2022. Interim prayer was made for stay of the said resolution dated 29th September 2022 as well as the order dated 5th December 2022.
2.1 All the petitions contain same and similar prayer seeking to set aside the resolution and the order of even dates passed in their individual cases.
2.2 The resolution dated 29th September 2022 sought to be impugned was passed pursuant to the proceedings of the District Task Force Committee (Mines), the District Sand Monitoring Committe
The court reinforced the prohibition of mining within one kilometer of wildlife sanctuaries, emphasizing adherence to environmental protection laws.
Point of law : Right of quarrying - Under sub-rule (1) of Rule 32, it is provided no person in possession of patta lands in Karnataka State shall undertake quarrying operations in his land for minor ....
The court affirmed the right to interim relief for stone removal from a quarry operating outside the Eco-Sensitive Zone, balancing environmental regulations with the entitlement of the quarry owner.
''Zero Meter'' Eco-sensitive Zone- Law does not require a procedure akin to one, which is being followed at the time of making an environment impact assessment before giving clearance.
The court emphasized the importance of considering the potential impact of quarrying on the surrounding ecosystem and wildlife, as well as the existence of an alternate remedy under Rule 36-C. The de....
Stoppage of mining activity in vicinity of Elephant Corridor – Dispute can be resolved by giving a direction to State Government to implement Comprehensive Wildlife Management Plan and complete proce....
Protection of forest land – Mining within national parks and wildlife sanctuaries shall not be permitted – No new permanent structure shall be permitted to come up for whatsoever purpose within ESZ.
The insistence in Ext.P8 office memorandum for prior clearance from the Standing Committee for projects within 10 kilometres from National Parks was unsustainable in law as it did not follow the proc....
The judgment emphasizes the principle of prospective application of laws and the requirement for proper verification of facts and consideration of existing legal rights before issuing directives.
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