1 IN THE HIGH COURT OF AT DATED THIS THE 19 TH DAY OF JUNE 2012 PRESENT THE HON’BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE AND THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA Writ Petition Nos.42626/2011(GM-MM-S-PIL)

BETWEEN :

1. NISVARTH RESIDENTS WELFARE ASSOCIATION ® NO. 37 & 38 "D" BLOCK, NISARGA LAYOUT, NEAR KOPPA GATE, BANGALORE MAIN ROAD, HOBLI, BANGALORE- 560 083 REP BY ITS PRESIDENT PROF. M R GAJENDRAGAD

2. SRI V GANESAN AGED ABOUT 63 YEARS S/O VENKATARAMAN R/AT NO. 398, NISARGA LAYOUT, BANNERGHATTA POST, BANGALORE-560 083

3. SRI K N RANGANATH AGED ABOUT 65 YEARS S/O K NAGARAJA RAO R/AT NO. 521, NISARGA LAYOUT, BANNERGHATTA POST,BANGALORE-560 083

4. SRI R SURESH AGED ABOUT 50 YEARS S/O H S RAMAKRISHNA RAO R/AT NOL 895, "PAWAMANA" NISARGA LAYOUT, BANNERGHATTA POST, BANGALORE-560 083

5. SRI V MUKUNDA AGED ABOUT 38 YEARS S/O VENKATARAMANA SHETTY R/AT NO. 3001/A, NADANAVANA LAYOUT, KALLUBALU POST, JIGANI HOBLI ANEKAL TALUK , BANGALORE-560 083 2

6. SRI BALAMURUGAN AGED ABOUT 33 YEARS S/O SELVARAJ R/AT NO. 339, SOUTH EXTENSION NISARGA LAYOUT, BANNERGHATTA POST BANGALORE-560 083

7. SRI P A SOMAIAH AGED ABOUT 40 YEARS S/O P S APPACHU R/AT NO. 599-B, NANDANAVANA LAYOUT, KALLABALU POST, JIGANI HOBLI, ANEKAL TALUK, BANGALORE-560 083

8. SRI V CHANDRASEKARAN AGED ABOUT 40 YEARS S/O S R VASUDEVA REDDY R/AT NO. 351, SOUTH EXTENSION, NISARGA LAYOUT, BANNERGHATTA POST, BANGALORE-560 083

9. SRI JAYARAM AGED ABOUT 40 YEARS S/O VEERACHANAPPA R/AT NO. 501, NANDANAVANA LAYOUT, KALLUBALU POST, JIGANI HOBLI, ANEKAL TALUK BANGALORE-560 083 ... PETITIONERS

(By Sri M S BHAGWAT A/W SRI & D PAVANESH, ADVS,)

AND :

1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES & COMMERCE, (SSI, TEXTILES & MINES) REP BY ITS SECRETARY BANGALORE-560 001

2. THE DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY, NO. 49, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001 3

3. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, (SOUTH DIVISION) MYSORE

4. THE SENIOR GEOLOGIST (MINES) AND COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY BANGALORE SOUTH TALUK 13TH FLOOR, VISVESWARAIAH TOWERS, DR AMBEDKAR VEEDHI BANGALORE-560 001

5. THE DEPUTY COMMISSIONER BANGALORE

6. THE TAHSILDAR ANEKAL TALUK ANEKAL BANGALORE

7. SMT CHANDRAKALA AGED ABOUT 38 YEARS W/O LATE JANARDHANA R/O JIGANI VILLAGE, ANEKAL TALUK BANGALORE DIST ... RESPONDENTS (By Sri R G KOLLE, AGA FOR R1TO R6 SRI SRINIVAS RAO, ADV., FOR M/S SRINIVAS & BADRI ASSOCIATES FOR R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS PERTAINING TO RENEWAL OF MINING LEASE IN FAVOUR OF THE R7 AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

ORDER 4

O R D E R

VIKRAMAJIT SEN, C.J. (Oral) :

We have heard the learned counsel for the parties.

2. Without prejudice to the criminal proceedings which are stated to be pending, we direct that, quarrying activity shall be carried out on the basis that there is only a

50 metres safe zone available at the site. Respondent nos. 1 to 6 appear to have discounted the existence of temple and residential use within the radius of 200 mtres. It is not correct as per the document available on the record.

3. In these circumstances, learned counsel for respondent no.7 submits that, explosives shall not be used in the quarrying activity except the use of capes. The quarrying lease which has been granted in favour of respondent no.7 proceeds on the erroneous basis of the existence of a 200 metres safe zone. Therefore, restrictions on the use of explosives had not been written into the quarrying lease. As the learned counsel for respondent no.7, on instructions submits that the lease may be deemed to have been modified by the imposition of 5 restriction on the use of explosives except with capes, we think the purposes of this PIL are adequately served.

4. With these directions, the petition is disposed of.

Needless to state that, if any explosives are used by respondent no.7, the petitioners or any other resident in the area may initiate appropriate action.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

Sk/-