N. Ramesha And Ors vs Karnataka State Environment Impact And Ors

M.A.No.252 of 2016:

This Miscellaneous Application is filed by respondent Nos. 3 to 5 to vacate the order passed by the Tribunal on 16.08.2016.

Learned counsel appearing for the applicant and the respondents in the Miscellaneous Application including the applicants in the Original Application, were heard.

By order dated 16.08.2016, the Tribunal made clear that in the meanwhile respondent No.1 State Level Environment Impact Assessment Authority (SEIAA) shall not pass any orders in the application stated to have been made by the Project Proponent.

We agree with the submissions made by the learned counsel appearing for the applicant that the powers of SEIAA to consider and pass orders in the application filed before the SEIAA cannot be curtailed by the Tribunal. SEIAA is competent to entertain applications, consider and pass appropriate order in accordance with law. If anybody is aggrieved, including the applicants in the Original Application, they are entitled to challenge the order before the appropriate forum in accordance with law. If the grievance of the applicants in Application No. 145 of 2016 is that respondent Nos. 3 to 5 would proceed with the construction, without the necessary clearance, we make it clear that the order clarifying the order dated 16.08.2016, does not mean that the Project Proponent is competent to proceed with the construction work without all the necessary legal requirements.

Learned Senior counsel appearing for respondent Nos. 3 to 5 submitted that their reply filed to the Original Application specifically makes it clear that they will not proceed with the construction without getting all the legally required permissions and sanctions.

The Miscellaneous Application is disposed making it clear that the SEIAA, Karnataka is competent to consider and pass appropriate order in accordance with law.

Application No.145 of 2016

The application is filed for a direction to the respondents 1 to 5 to produce the records pertaining to Environment Impact Assessment (EIA) study, prior clearance from National Board for Wild Life (NBWL) and prior Environment Clearance (EC), if any, obtained before initiation of project, acquisition proceedings and construction / area development activities for Surya Nagara 4th Phase Scheme of Karnataka Housing Board and declare the project under taken by the respondents 3 to 5 as illegal and not implementable and to direct the respondents to comply with the provisions of Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1980, the Karnataka Forest Act, 1963, Karnataka Land Revenue Act, 1964, the Water (Prevention and Control of Pollution) Act, 1974 and the EIA Notification (S.O. 1533) dated 14.09.2006 issued by the Ministry of Environment and Forests (MoEF), Government of India and also to initiate prosecution against the respondents 3 to 5 for violation of the provisions of the said acts.

In the reply filed by the respondents 3 to 5, it has been specifically stated that they would implement the project in accordance with law by obtaining all the statutory clearances for which purpose, the Karnataka Housing Board has submitted its conceptual plan to the 1st respondent-authority for getting approval. It is also given an undertaking that " the Karnataka Housing Board would proceed with development work only after obtaining the statutory clearance from 1st respondent authority and from various other authorities in accordance with law". In view of the said undertaking nothing further survives in the application.

Learned Counsel for all the parties including the applicants, submitted that in view of the order passed today by the Tribunal clarifying the order passed on 16.08.2016 and undertaking made by respondent Nos. 3 to 5 that they would obtain all the required statutory clearances from the authorities in accordance with law, before proceeding with the development work, nothing further survives in the application. The applicants are at liberty to approach the Tribunal in case of any violation in accordance with law, if warranted.

The Original Application is disposed with no order as to costs.