CHANDRAKANTH S. PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The submissions were heard on the last date. Today, we have heard further submissions.

(2.) The petitioner was granted a quarrying lease on 12th January 2017 for ten years. The challenge in this writ petition under Article 226 of the Constitution of India is to Annexure-M, which is an order purportedly made by the Senior Geologist by which the quarrying lease granted to the petitioner was cancelled. The cancellation was on the ground that the petitioner was carrying on quarrying operations near the residential buildings of Indian Reserve Battalion. It is stated that the staff of Morarji Desai Residential Minority Girls School was complaining that the school children were suffering from ill health due to dust and noise created by quarrying operations carried out by the petitioner. Annexure-M is purportedly based on the show cause notice dated 18th March 2019. The second prayer in the petition is for restoration of the lease.

(3.) There is a statement of objections filed by the State Government in which reliance is placed on the effect of quarrying activities carried on by the petitioner near the residential quarters of Indian Reserve Battalion and Morarji Desai Residential Minority Girls School. It is also stated that there is an overhead water tank of 5 lakh liters capacity situated very close to crusher operated by the petitioner.