1

IN THE HIGH COURT OF AT BANGALORE Dated this the 4th day of March, 2013 PRESENT THE HON’BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE V.SURI APPA RAO

WP No.14697/2006 c/w WP No.13400/2006 c/w WP No.27443/2009 (GM-RES-PIL)

WP NO 14697 OF 2006

BETWEEN :

1. SRI UDAY S/O VAMAN NAYAK AGED ABOUT 44 YEARS OCC : AGRICULTURE R/O , TQ : , DISTRICT UTTARA .

2. SRI KRISHNA S/O VASUDEVA NAYAK AGED ABOUT 30 YEARS OCC : AGRICULTURE R/O BHAVIKERI, TQ : ANKOLA , DISTRICT .

3. SRI BARAMAPPA S/O SHIVARAM NAIK AGED ABOUT 80 YEARS OCC : AGRICULTURE R/O BHAVIKERI, TQ : ANKOLA , DISTRICT UTTARA KANNADA.

4. SRI ANANDU S/O GOVIND NAIK AGED ABOUT 68 YEARS OCC : AGRICULTURE R/O BHAVIKERI, TQ : ANKOLA , DISTRICT UTTARA KANNADA.

2

5. CHANDRAKANT S/O IRA NAIK AGED ABOUT 60 YEARS OCC : AGRICULTURE R/O BHAVIKERI, TQ : ANKOLA , DISTRICT UTTARA KANNADA.

6. MADAPPA S/O PANDURANGA NAIK AGED ABOUT 65 YEARS OCC : AGRICULTURE R/O BHAVIKERI, TQ : ANKOLA , DISTRICT UTTARA KANNADA. ... PETITIONERS

(By Sri VIGHNESHWAR S SHASTRI, ADV.,)

AND :

1. THE UNION OF REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF ENVIRONMENT FOREST AND WILD LIFE PARYAVARAN BHAVAN NEW DELHI.

2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF ENVIRONMENT AND FOREST, M S BUILDING BANGALORE 560001

3. THE DEPUTY COMMISISONER UTTARA KANNADA DISTRICT

4. THE DIRECTOR OF PORTS BAITAKUL, KARWAR UTTARA KANNADA DISTRICT

3

5. THE REGIONAL DIRECTOR (ENVIRONMENT), MEERA BUILDING I FLOOR, KAJUBAG, KARWAR UTTARA KANNADA DISTRICT

6. THE CHAIRMAN KARNATAKAK POLLUTION CONTROL BOARD PARISAR BHAVAN, 25 TH FLOOR CHURCH STREET BANGALORE

7. M/S ADONI EXPORT LTD IRON ORE EXPORTERS BELIKERE, TALUK ANKOLA, UTTARA KANNADA DISTRICT REPRESENTED BY ITS PRINCIPAL OFFICER AND POST HEAD

8. MALLIKARJUN SHIPPING LTD BELIKERE, TALUK ANKOLA, UTTARA KANNADA DISTRICT BY ITS PRINCIPAL OFFICER.

9. SALAGAONKAR MINING INDUSTRIES LTD, BELIKERE, ANKOLA DISTRICT UTTARA KANNADA DISTRICT BY ITS MANAGING DIRECTOR ... RESPONDENTS (By Sri P. RAMPRASAD, CGSC, FOR R1. SRI R.G. KOLLE, AGA FOR R2 TO R5. SRI B. PRAMOD, ADV., FOR R7. SMT. AKKAMAHADEVI HIREMATH, ADV., FOR R8. SRI BASAVAPRABHU S. PATIL, ADV., FOR R9)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO 6 TO TAKE APPROPRIATE ACTION IN DIRECT RESPONDENTS NO. 7 TO 9 TO STOP ILLEGAL ACTIVITIES MADE IN AND AROUND THE LANDS AND SEA SITUATED AND ATTACHED TO BHAVIKERI VILLAGE IN ANKOLA TALUK AND ETC.,

4 WP NO 13400 OF 2006

BETWEEN :

BELEKERE VILLAGE ROADSIDE PEOPLES' POLLUTION CONTROL SOCIETY, BELEKERI VILLAGE, ANKOLA TALUKA, UTTARA KANNADA DISTRICT REPRESENTED BY ITS SECRETARY, MOHANDAS GOVIND NAYAK S/O GOVIND NAYAK AGED ABOUT 36 YEARS, AGRICULTURIST, R/O BALEKERI VILLAGE. ... PETITIONER (By Sri MADHUSUDAN R NAIK, SR. COUNSEL A/W SRI OMKAR KAMBI, ADVS.,)

AND :

1. STATE OF KARNATAKA DEAPRTMENT OF ECOLOGY, ENVIRONMENT AND FORESTS, GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE.

2. KARNATAKA STATE POLLUTION CONTROL BOARD PUBLIC UTILITY BUILDING, M.G.ROAD, BANGALORE REPRESENTED BY ITS MEMBER-SECRETARY.

3. GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS, DEPT. OF ENVIRONMENT, FORESTS AND WILD LIFE, NEW DELHI.

4. DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT., KARWAR,UTTARAKANNADA DISTRICT.

5. SUPER INTENDENT OF POLICE UTTARAKANNADA DISTRICT, KARWAR, UTTARAKANNADA DISTRICT.

5

6. REGIONAL TRNASPORT OFFICER UTTARA KANNADA DISTRICT, KARWAR.

7. REGIONAL OFFICER, KSPCB UTTARA KANNADA DISTRICT KARWAR

8. DEPUTY DIRECTOR DEPRTMENT OF MINES AND GEOLOGY, KARWAR UTTARA KANNADA DISTRICT

9. PORT OFFICER KARWAR UTTARA KANNADA DISTRICT.

10. TAHSILDAR ANKOLA TALUK UTTARA KANNADA DISTRICT.

11. ASST. EXECUTIVE ENGINEER NATIONAL HIGHWAY KARWAR TALUK UTTARA KANNADA DISTRICT

12. BALEKERI GRAMA PANCHAYAT BALEKERI, ANKOLA TALUK, U.K. DISTRICT REPRESENTED BY ITS SECRETARY

13. ADANI EXPORTS LIMITED BALIKERI PORT BELEKERI VILLAGE, ANKOLA TALUK UTTARA KANNADA DISTRICT REPRESENTED BY ITS MANAGER/ PRINCIPAL OFFICER AND PORT HEAD, BELEKERI VILLAGE ANKOLA TALUK, UTTARA KANNADA DISTRICT

14. MALLIKARJUNA SHIPPING COMPANY BELEKERI, ANKOLA TALUK, UTTARA KANNADA DISTRICT

6

REP. BY ITS MANAGER/PRINCIPAL OFFICER AND PORT HEAD, BELEKERI VILLAGE, ANKOLA TALUK UTTARA KANNADA DISTRICT.

15. SALAGAONKAR MANGANESE INDUSTRIES BELEKERI VILLAGE, ANKOLA TALUK UTTARA KANNADA DISTRICT REPRESENTED BY ITS MANAGER/ PRINCIPAL OFFICER AND PORT HEAD, BELEKERI VILLAGE ANKOLA TALUK UTTARA KANNADA DISTRICT.

16. M/S VARADA ROADLINES AVARSA ANKOLA TALUK REPRESENTED BY ITS MANAGER AVARSA, ANKOLA TALUK U.K. DISTRICT ... RESPONDENTS (By Sri R.G. KOLLE, AGA FOR R1, R4, R5, R6, R8, R9 & R10. SRI ASHOK N. PATIL, CGS FOR R3. SRI E.R. DIWAKAR, ADV., FOR R2 AND R7. M/S BASAVAPRABHU S. PATIL AND ASSTS., FOR R15. SMT. J. SUSHEELA, ADV., FOR R12 SRI B. PRAMOD, ADV., FOR R13 SMT. AKKAMAHADEVI HIREMATH, ADV., FOR R14 & R16 R11 SERVED.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO.1 AND 3 STATE GOVERNMENT AND CENTRAL GOVERNMENTS TO ENSURE OBEDIENCE TO LAW; BY ENFORCING THE PROVISIONS MADE FOR POLLUTION CONTROL; PARTICULARLY; REGULATIONS MADE UNDER THE PROVISIONS OF FOREST ACT 1927; FOREST (CONSERVATION) ACT 1980, MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT 1957, ENVIRONMENT PROTIECTION AT 1986, HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES 1989 etc; AND MORE PARTICULARLY; CRZ REGULATIONS; AND PREVENT ENVIORNMENTAL

7

DEGRADATION BY THE ACTIVITIES OF 'STACKING' AND 'TRANSPORTATION OF IRON AND MANGANESE ORE' INCLUDING ITS FINES/POWDERS IN THE LOCAL AREA OF BALEKERI VILLAGE BY THE RESPONDENTS 13 TO 16 OR ANY ONE OPERATING FOR THEM OR SUCCEEDING THEM AND ETC.,

WP NO 27443 OF 2009

BETWEEN :

1. SRI.VIJAY HAJJU BANAVALIKAR S/O HAJJU RAMA BANAVALIKAR AGE ABOUT 44 YEARS BELIKERE VILLAGE, BELEKERI POST ANKOLA TALUK UTTARA KANNADA DISTRICT

2. SRI SHRIDHAR DATTA BANAVALIKAR S/O DATTA THIMAPPA AGED ABOUT 38 YEARS BELIKERE VILLAGE, BELEKERI POST ANKOLA TALUK UTTARA KANNADA DISTRICT

3. SRI VENKATESH DATTA BANAVALIKAR S/O DATTA CHANDRU BANAVALIKAR AGED ABOUT 27 YEARS BELIKERE VILLAGE, BELEKERI POST ANKOLA TALUK UTTARA KANNADA DISTRICT

4. SRI GANGADHAR DATTA BANAVALIKAR S/O DATTA THIMMAPPA AGED ABOUT 41 YEARS BELIKERE VILLAGE, BELEKERI POST ANKOLA TALUK UTTARA KANNADA DISTRICT

... PETITIONERS (By Sri VIDYANAND V ARALI & SRI NAVEEN.A.S, ADVS.,)

8

AND :

1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT, M S BUILIDNG BANGALORE-560001

2. THE STATE OF KARNATAKA BY ITS UNDER SECRETARY DEPARTMENT OF PWD PORT AND INLAND WATER TRANSPORT (PORTS) VIKASA SOUDHA, BANGALORE-560001

3. THE STATE OF KARNATAKA BY ITS DEPUTY SECRETARY DEPARTMENT OF PUBLIC WORKS PORT AND INLAND WATER TRANSPORT DEPARTMENT (C & B) M S BUILDING, BANGALORE-560001

4. THE DIRECTOR OF PORTS & INLAND WATER TRANSPORT KARWAR KARNATAKA

5. THE DEPUTY PORT CONSERVATOR BELEKERI POST BELEKERI KARWAR DISTRICT, KARNATAKA

6. KARNATAKA STATE COASTAL ZONE BY ITS SECRETARY MANAGEMENT AUTHORITY M S BUILDING BANGALORE-560001

7. KARNATAKA STATE POLLUTION CONTROL BOARD BY ITS CHAIRMAN CHURCH STREET BANGALORE.

9

8. SENIOR DIRECTOR (TECHNICAL CELL) AND MEMBER SECRETARY, KAZMA FOREST ECOLOGY AND ENVIRONMENT DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT M S BUILDING BANGALORE-560001

9. SENIOR DIRECTOR (TECHNICAL CELL) AND MEMBER SECRETARY, KSZMA STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT M S BUILDING, BANGALORE-560001

10. MINISTRY OF ENVIRONMENT & FORESTS BY ITS SECRETARY GOVERNMENT OF INDIA NEW DELHI

11. THE DEPUTY COMMISSIONER KARWAR DISTRICT KARWAR

12. SHREE MALLIKARJUNA SHIPPING PRIVATE LIMITED FIRST FLOOR, SUNFLOWER APARTMENTS OPP:ST ANDREWS CHURCH VASCO-DA-GAMA GOA.

13. M/S SALGAONKAR MINING INDUSTRIES PRIVATE LIMITED BELEKERI PORT, BELEKERI

14. M/S ADANI ENTERPRISES LTD ADANI HOUSE, NAVRANGPURA AHMEEDBAD, GUJARAT REPRESENTED BY ITS VICE PRESIDENT SAMUEL DALLID ... RESPONDENTS (By Sri R.G. KOLLE, AGA FOR R1 TO R5, R8 & R11. SRI JEEVAN J. NAGARAJ, ADV., FOR R7. SMT. AKKAMAHADEVI HIREMATH, ADV., FOR R12

10

SRI BASAVAPRABHU S. PATIL ASSTS., FOR R13. SRI B. PRAMOD, ADV., FOR R14. SRI R. KOTHWAL, CGSC FOR R10)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER, DT. 20.1.2009, PASSED BY R9 AS PER ANNEXURE-W DECLARE IT AS ILLEGAL, VOID AND UN ENFORCEABLE, AND AS IN VIOLATION OF THE ORDERS OF THIS HON'BLE COURT, IN W.P.NO.25644/05 DT. 17.12.2008, VIDE ANNEXURE-T AND ETC.,

THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:

O R D E R

K.SREEDHAR RAO, Ag.C.J. (Oral) :

A memo is filed stating that WP No.13400/2006 and WP

No.27443/2009 be disposed of as unnecessary since the

Government has cancelled the lease granted in respect of the area in question.

Accordingly, WP No.13400/2006 and WP No.27443/2009 are disposed of. In the same terms WP No.14697/2006 is also disposed of.

Sd/- ACTING CHIEF JUSTICE

Sd/- JUDGE mv