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Judgment
N. V. Anjaria, CJ
Heard learned Senior Advocate Mr. S.S. Naganand for learned advocate Mr. Rakshit Ravindra Shresty for the petitioner and learned Advocate General Mr. K. Shashi Kiran Shetty assisted by learned Additional Government Advocate Smt. Niloufer Akbar for the respondents.
The petitioner, an applicant of I.A. No.2 of 2024 filed in Writ Petition No.19835 of 2024, approached the Dam Safety Committee seeking permission to continue the quarrying activity, but the Committee refused to consider his application despite Court’s order dated 31.07.2024. The Dam Safety Committee in its meeting on 21.08.2024 discussed the issue and consequential endorsement was issued as under,
“However, since the work of reviewing permission of mining does not come under the purview of Water Resource Department, if there is no blasting activity in their quarry activity, they should submit a report to the relevant competent authority and convince them to obtain permission for their activity.”
An order of even date is passed in I.A. Nos.7 and 8 of 2024 in Writ Petition No.19835 of 2023. The discussion and reasons supplied in the said order shall form reasoning of this order as well as to be part. In the present petition accordingly the following directions are issued,
(i) The Dam Safety Committee is directed to consider the application of the petitioner after including an expert officer/member as part of the Committee for the purpose of deciding the application/representation of the petitioner. Such expert officer/member from the Mining Department shall be nominated by the Chief Secretary, Government of Karnataka to the Committee.
(ii) The petitioner shall appear before the Dam Safety Committee including the member as above on 21.11.2024 at 11.00 a.m.
(iii) The Dam Safety Committee as constituted above shall give hearing to the petitioner and examine the case put forward by him claiming he is undertaking only crushing operations.
(iv) The application/representation of the petitioner shall be decided by the Dam Safety Committee as above after factual examination in accordance with law and on merits.
(v) Necessary decision shall be taken in each case on or before 30.11.2024 .
(vi) The decision shall be communicated to the petitioner by Registered AD Post.
(vii) This Court has not expressed any opinion on the merits of the controversy.
The present petition stands disposed of as above.