S. R. BELLARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 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.

(2.) In these petitions filed under Article 226 of the Constitution, what is prayed by the petitioners is to set aside resolution dtd. 29/9/2022 passed by the District Task Force Committee (Mines), Gadag District. Also prayed to set aside is order dtd. 5/12/2022. Interim prayer was made for stay of the said resolution dtd. 29/9/2022 as well as the order dtd. 5/12/2022.

(3.) Before adverting to the merits of the impugned decision, in order to have a complete idea of the factual aspects pleaded, the facts may be drawn from the first Writ Petition No.25653 of 2022. The case of the petitioner was inter alia that it was granted licence for ordinary building stone quarry in 3 acres of land in Survey No.1210/1 and 2 from 10/5/2017 at Shirahatti Village, Shirahatti Taluk, Gadag District, for a period of twenty years. It was stated that the licence was issued after environmental clearance. It was further stated that in the year 2019, the respondent authorities issued Notification declaring Kappathgudda Reserve Forest at Kappathgudda as a Wildlife Sanctuary. It was sought to be stated by the petitioners that eco-sensitive zone was not notified and that the Notification was issued without jurisdiction and that it was an arbitrary action based on the decision of the Supreme Court in T.N. Godavarman Thirumalpad Vs. Union of India dtd. 4/8/2006 and that the petitioners were asked to stop the mining units as their units fall within the boundary of one kilometre from Kappathgudda Wildlife Sanctuary.