1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF SEPTEMBER, 2021

PRESENT

THE HON'BLE MR.SATISH CHANDRA SHARMA

ACTING CHIEF JUSTICE

AND

THE HON9BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.13577 OF 2021 (GM-MM-S)

BETWEEN:

NEELESH G MADARKHANDI

S/O GIRIMALLAPPA

AGED ABOUT 48 YEAS

R/AT NO.66, 34^TH CROSS,

LINGARAJ NAGAR,

SOUTH HUBBALLI-580031

DHARWAD DISTRICT

....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 GOVT.

DEPARTMENT OF COMMERCE AND INDUSTRIES

VIKASA SOUDHA,

BENGALURU

BENGALURU-560 001.

2

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, 7^TH FLOOR, 4^TH GATE,

M S BUILDING

BENGALURU-560 001.

6.

THE SECRETARY(SEAC)

STATE EXPERT APPRAISAL

COMMITTEE, KARANATAKA

DEPARTMENT OF FOREST, ECOLOGY &

ENVIORNMENT, ROOM NO.706

7^TH FLOOR, 4^TH GATE, M S BUILDING

BENGALURU-560 001.

7.

THE ADDITIONAL CHIEF SECRETARY

DEPARTMENT OF FORESTS, ECOLOGY

& ENVIORNMENT, GOVT. OF KARNATAKA

VIDHANA SOUDHA,

BENGALURU - 560 001.

&.RESPONDENTS

(SRI S.S.MAHENDRA, AGA FOR R-1 & R-4 & R-7)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

CERTIORARI OR ANY OTHER ORDER OR DIRECTION, DIRECTING

3

TO QUASH OR SET ASIDE THE EC CLOSURE ORDER / EC

REJECTION ORDER DATED 25.08.2020 BEARING NO.SEIAA 307

MIN 2019, PASSED BY 5^TH RESPONDENT MEMBER SECRETORY

SEIAA, PRODUCED AT ANNEXURE -A, RELYING ON AN ERRONEOUS

AND ILLEGAL RECOMMENDATION MADE BY THE 6^TH RESPONDENT

SEAC BASED ON THE NON-EXISTING CONCEPT OF 10 KM. DEFAULT

ECO-SENSITIVE ZONE AROUND KAPPATHAGUDDA WILD LIFE

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

ANNEXURES - B, P, M AND N RESPECTIVELY, AND / OR AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

ORDER

Learned Government Advocate has drawn the attention

of this Court towards an order dated 12.04.2021 passed by

the Division Bench of this Court in W.P.No.3296/2021 and

connected matters and has stated that the issue involved in

the present case stands squarely covered by the aforesaid

judgment. The order passed by the Division Bench of this

Court is reproduced as under:

4

"The submissions were heard on the last date (8th April

2021). The facts of these cases are more or less

identical. Therefore, we are referring to the facts of the

case in W.P. No.3296/2021.

2. The petitioner was granted a quarrying lease under

the Karnataka Minor Mineral Concession Rules, 1994 (for

short "the said Rules of 1994"). The challenge in the

petition is to the order dated 21st November, 2020

issued by the Senior Geologist (third respondent). By the

said order, the petitioner was directed to stop the mining

activity in the leased area. The first reason given in the

said order is that in the meeting of the Gadag District

Task Force (Mines) Committee, it was agreed that it is

necessary to stop the mining activities within one

kilometer from the boundary of Kappattagudda Wildlife

Sanctuary. Therefore, the petitioner was instructed to

stop the mining activity. In ad