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SRI ANJANADRI PARISARA HITARAKSHANA SAMITI – Appellant
Versus
THE UNION OF INDIA – Respondent
WP 15739/2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF DECEMBER, 2021
PRESENT
THE HON9BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON9BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.15739 OF 2021 (GM-MM-S-PIL)
BETWEEN:
1.
SRI.ANJANADRI PARISARA
HITARAKSHANA SAMITI
DODDA IYYUR VILLAGE
TYAVANAHALLI POST
KOLAR TALUK & DISTRICT
KOLAR - 563 130, KOLAR
REP. BY ITS PRESIDENT
SRI N.NARAYANASWAMY
2.
SRI.SRINIVAS
S/O. LATE MUNISHAMAPPA
AGED ABOUT 64 YEARS
R/AT DODDA IYYURU
KOLAR TALUK
KOLAR DISTRICT - 563 130
3.
SRI.M.SUMANTH KUMAR
S/O. MALLIKARJUNAIAH
AGED ABOUT 39 YEARS
R/AT DODDA IYYURU
KOLAR TALUK
KOLAR DISTRICT - 563 130
4.
SRI.S.GOPALAKRISHNA
S/O. LATE SONNAPPA
AGED ABOUT 57 YEARS
R/AT DODDA IYYURU
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KOLAR TALUK
KOLAR DISTRICT - 563 130
5.
SRI.A.S.NAJUNDEGOWDA
S/O LATE SONNEGOWDA
AGED ABOUT 62 YEARS
R/AT ARABI KOTHANUR
KOLAR TALUK
KOLAR DISTRICT - 563 133
... PETITIONERS
(BY SRI M.SHIVAPRAKASH, ADV.)
AND:
1.
THE UNION OF INDIA
REP. BY ITS SECRETARY
MINISTRY OF ENVIRONMENT
FOREST & CLIMATE CHANGE
PARYAVARAN BHAWAN
JOR BAGH ROAD
NEW DELHI - 110 003
2.
THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE - 560 001
3.
THE PRINCIPAL SECRETARY
DEPARTMENT OF MINES & GEOLOGY
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560 001
4.
THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560 001
5.
THE CHAIRMAN
POLLUTION CONTROL BOARD
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CHURCH STREET
BANGALORE - 560 002.
6.
THE STATE LEVEL ENVIRONMENT IMPACT
ASSESSMENT AUTHORITY - KARNATAKA
ROOM NO.706, 4TH GATE,
M.S.BUILDING,
BANGALORE - 560 001
7.
THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD
BANGALORE - 560 001
8.
THE SENIOR GEOLOGIST
MINES AND GEOLOGY
KOLAR - 563 001
9.
THE DEPUTY COMMISSIONER
KOLAR DISTRICT
KOLAR - 563 001
10.
THE DEPUTY CONSERVATOR OF FOREST
FOREST OFFICE, K.N.S. POST
BANGARPET ROAD, KOLAR
KARNATAKA - 563 114
11.
THE SUPERINTENDENT OF POLICE
KOLAR DISTRICT
KOLAR - 563 101
12.
THE TAHASILDAR
KOLAR TALUK
KOLAR - 563 101
13.
THE PANCHYATH DEVELOPMENT OFFICER
ARABIKOTHANUR GRAMA PANCHAYATH
KOLAR TALUK & DISTRICT
KOAR, KARNATAKA - 563 127
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14.
THE CIRCLE INSPECTOR
KOLAR RURAL POLICE STATION
KOLAR - 563 101
15.
THE REVENUE INSPECTOR
VAKKALERI HOBLI
KOLAR TALUK
KOLAR - 563 101
16.
M/S. R.K.GRANITES
REP. PROPRIETOR D.RAVIKUMAR
CRIMPSON COURT - 2
2ND FLOOR,
JEEVAN BIMA NAGAR MAIN ROAD
HAL III STAGE
BANGALORE - 560 075
... RESPONDENTS
(BY SRI CHANDRACHUD.A., CGC FOR R1
SRI S.S.MAHENDRA, AGA FOR R2-R4, R7-R12,
R14 & R15
SRI JEEVAN J.NEERALGI, ADV. FOR R5
MS DHEEMANTIKA GOWDA, ADV. FOR R16)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 READ WITH ARTICLE 48A OF THE CONSTITUTION
OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN
RESPECT OF LAND BEARING SY.NO.76 MEASURING AN
EXTENT OF 225.23 ACRES IN DODDA IYYURU VILLAGE AND
ETC.
THIS PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE
THE FOLLOWING:
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ORDER
This public interest litigation has been filed seeking
the following reliefs:
"1. Call for the entire records in respect of
land bearing Sy.No.76 measuring an extent of
225.23 acres in Dodda Iyyuru Village;
2. Issue writ of certiorari and quash the
Quarrying Licence issued in favour of respondent
No.16
at
Annexure-J
vide
'Form-E'
dated
19/06/2020 and declare the area as protected
area and not to permit any activities which tend
to damage the terrain region of the villages and
Historic, Customery Religious "DEVARA BANDE".
3. Issue Writ of Mandamus directing the
Respondent Nos.3 to 10 to consider the
representations, at Annexure-K1 to K4 dated
12/07/2021,
taking
into
consideration
the
serious objections by the people and residents in
20 villages and to pass appropriate
