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IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 12 TH DAY OF DECEMBER 2012

PRESENT

THE HON’BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE

AND

THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

WRIT PETITION NOS.50073-50088/2012(GM-MM-S)

BETWEEN :

1. M/S SHREE DURGA ENTERPRISES (STONE CRUSHER UNIT) ATHANI TO KOKATNUR ROAD, ATHANI DIST: -590015 BY ITS PARTNER SRI S VINODKUMAR SHETTY

2. M/S SHIVAYOGI STONE CRUSHER YANKANCHI CROSS, BIJAPUR ROAD ATHANI, DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI NIJAGUNESHWAR S JIDDI

3. M/S MAHALAXMI STONE CRUSHER ANANTAPUR ROAD, ATHANI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI ANNAPPA SHIVAPPA JABGOUDAR

4. M/S BHARAT STONE CRUSHER ROAD, ATHANI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI S G HANJI

5. M/S BHAGYAVANTI STONE CRUSHER CHAMKERI ROAD, ATHANI DIST: BELGAUM-590015

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BY ITS PROPRIETOR SRI B B JADHAV

6. M/S SHREE STONE CRUSHER ABBIHAL ROAD, ATHANI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI MALLIKARJU MAHADEV KUMBAR

7. M/S SHRI VENKATESHWAR STONE CRUSHER ANANTHPUR ROAD, ATHANI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI GURUNATH HANUMANTH GADIVADDAR

8. M/S KUMBAR STONE CRUSHER SANKATTI VILLAGE, TQ: ATHANI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI RAMAPPA G KUMBAR

9. M/S TARADE BROTHERS CONSTRUCTIONS PVT LTD, STONE CRUSHER DIST: BELGAUM-590015 BY ITS MANAGING DIRECTOR SRI M M TARADE

10. M/S TARADE BROTHERS CRUSHER ANANTAPUR ROAD, ATHANI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI M A TARADE

11. M/S BIRADAR STONE CRUSHER ANANTPUR ROAD, ATHANI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI I G BIRADAR

12. M/S S R GHULAPPANAVAR STONE CRUSHER OLD KIRANGI ROAD, ATHANI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI S R GULAPPANAVAR

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13. M/S RAMU B GADIWADDAR STONE CRUSHER ROAD, ATHANI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI RAMU B GADIWADDAR

14. M/S SAMARTH STONE CRUSHER SAMBAJINAGER, TQ: CHIKKODI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI D P KADAM

15. M/S R S PATIL STONE CRUSHER YADRAVI VILLAGE TQ: RAIBAG DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI R S PATIL

16. M/S AMAN STONE CRUSHER MANGANOOR VILLAGE TQ: CHIKKODI DIST: BELGAUM-590015 BY ITS PROPRIETOR SRI RAHMATULLA MAHAMADALI MALDAR ... PETITIONERS

(BY SRI HANUMANTHAREDDY SAHUKAR, ADV.,)

AND :

1. THE STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN RACE COURSE ROAD BANGALORE-560001 BY ITS DIRECTOR

2. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN 4TH AND 5TH FLOOR, NO.49 4

CHURCH STREET BANGALORE-560009 BY ITS CHAIRMAN

3. THE DEPUTY COMMISSIONER BELGAUM DISTRICT BELGAUM-590015

4. MINES AND GEOLOGY DEPARTMENT BANASHANKARI KRUPA, PLOT NO.68 SANGAMESHWARA NAGAR APMC ROAD BELGAUM-590015

5. THE EXECUTIVE ENGINEER HUBLI ELECTRICITY SUPPLY COMPANY O & M ATHANI DIST: BELGAUM-590015

6. THE EXECUTIVE ENGINEER HUBLI ELECTRICITY SUPPLY COMPANY O & M CHIKKODI DIST: BELGAUM-590015 ... RESPONDENTS

(BY SRI R.G.KOLLE, AGA FOR R-1, 3 & 4; SRI D.NAGARAJ, ADV., FOR R-2; SRI N.K.GUPTA, ADV., FOR R-5 & 6)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDER ALL DT. 10.09.2012 PASSED BY R-2 PRODUCED AS ANNEXURES-C TO C15 RESPECTIVELY.

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

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ORDER

Vikramajit Sen, CJ (Oral)

Sri.R.G.Kolle, learned AGA accepts notice on behalf of

Respondent Nos.1, 3 and 4.

Sri.D.Nagaraj, learned Advocate accepts notice for

Respondent No.2.

Sri N.K.Gupta, learned Advocate accepts notice for

Respondent Nos.5 and 6.

2. It is not in dispute that the question which arises for consideration in these Petitions is covered on all fours by the order dated 21.11.2012 in W.P.No.41069/2012. For facility of reference, it is reproduced below;

“In the present case, by Gazette Notification dated 14.8.2012 safer zones in Haveri had been duly notified to the public. Section 3 (3) of the Karnataka Regulation of Stones Crushers Act, 2011 (for short ‘the Act’) permits a period of three months to existing Stone Crusher Units to trans locate themselves to safer zones. In this regard an application has to be filed with the Licensing Authority within a reasonable time. Unfortunately, the Act does not prescribe this period. In the present case, the Petitioner applied to the Licensing Authority on 24.9.2012. It is not disputed that consequent upon the Petitioner’s application, the Licensing Authority till date has neither granted or refused the license under the 6 provisions of the said Act. Since Section 3(4) of the Act prescribes an outer limit of six months for shifting from the date of grant, it could be inferred that the Application has to be made within three months of the requisite Gazetting of the safer zones.

2. In these circumstances, the Petition is allowed by directing the Respondents to permit the operation of the Petitioner at the present site up to 23.12.2012 or till such time the application is considered and disposed of, by the Licensing Authority.

3. Learned counsel for the Karnataka State Pollution Control Board (for short ‘the Board’) submits that the Petitioner did not apply for the consent of the Board on the expiry of the previous consent on 30.06.2012. In normal circumstances, the contention would be well founded since no one is permitted to operate without a current permission or consent.

4. In the circumstances of the present case however, a piquant situation has arisen, inasmuch as the Pollution Control Board cannot grant permission to the Petitioner to operate in its present site, since it must statutorily relocate to a safer zone as identified by the State. Needless to add that if and when the petitioner is granted a license to relocate a safer zone, conditions under Section 6 (9) of the Act will have to be complied with as also the permission would have to be obtained from the Board. 7

5. With these observations, the Petition is allowed and Annexure-H dated 5.9.2012 is quashed.”

3. In these circumstances, Annexures-C to C15 are quashed. As indicated in the aforesaid order, similar directions would apply in these cases also.

Writ Petitions are allowed. No costs.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

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