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IN THE HIGH COURT OF , BANGALORE DATED THIS THE 18 TH DAY OF JANUARY, 2013 PRESENT THE HON'BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA W.P.Nos.2841-2894/2013 (GM-MM-S)

BETWEEN :

1.M/S PADMAVATHI STONE CRUSHING INDUSTRIES, REDDY COLONY SARSWAHTIPUR , TQ AND DIST DHARWAD-580 001, BY ITS PROPRIETOR, SMT MEENAKSHI R LAKKANNAVAR.

2.M/S. SHRI SAI STONE CRUSHING INDUSTRIES, ARALIKATTI VILLAGE TALUK HUBLI, AND DIST DHARWAD-580 001, BY ITS PROPRIETOR, SRI GURURAJ R DODDAMANI.

3.M,/S. KARTIK INDUSTRIES, ARALIKATTI VILLAGE HUBLI DIST DHARWAD-580 001, BY ITS PROPRIETOR, SRI RAJASHEKHARGOUDA S PATIL.

4.M/S. SHIVAGANGA STONE CRUSHER, LINGANAKOPPA VILLAGE TQ: KALAGATAGI, DIST: DHARWAD-580 001, BY ITS PROPRIETOR, SRI SANGANAGOUDA R RUDRAGOUDA RAMANAGOUDAR.

5.M/S. VINAYAKA S JADHAV STONE

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CRUSHING INDUSTRIES, MANDHIHAL VILLAGE TALUK DIST DHARWAD-580 001, BY ITS PROPRIETOR, SRI V S JADHAV.

6.M/S. VENKATESH STONE CRUSHING INDUSTRIES MANDHIHAL VILLAGE, TALUK DIST: DHARWAD-580 001 BY ITS PARTNER SRI DILIP MAHADEV RAO MOHITE

7.M/S. CHANNABASAVESHWARA STONE CRUSHING UNIT AMMINABAVI VILLAGE TALUK DIST DHARWAD-580 001, BY ITS PROPRIETOR SRI UMESH V KURAHATTI

8.M/S. SHRI CHANABASAVESHWAR STONE CRUSHING UNIT CHANDANMATTI VILLAGE TQ AND DIST DHARWAD-580 001, BY ITS PROPRIETOR SRI SIDDAPPA S BIJAGUPPI

9.M/S. MANJUNATH KAVERI STONE CRUSHER MANDIHAL VILLAGE TALUK DIST DHARWAD-580 001 BY ITS PRORPEITOR SRI KASHAPPA NAGAPPA HIREMANI

10.M/S. CHOUDESHWARI STONE CRUSHING INDUSTRIES, MANDHIHAL VILLAGE TALUK DIST DHARWAD -580 001 BY ITS PROPRIETOR SRI MANJUNATH WADDAR

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11.M/S. SRI RENUKADEVI STONE CRUSHER CHANDANMATI VILLAGE TQ DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI NINGAPPA Y CHAWAN

12.M/S. SRI NANDI STONE CRUSHING INDUSTRIES SHANTHI NIKETAN NAGAR MANDIHAL VILLAGE, TQ DIST DHARWAD-580 001, BY ITS PROPRIETOR SRI AJITH C SANIKOPPA

13.M/S. NANDI STONE CRUSHING INDUSTRIES MANDIHAL VILLAGE TALUK DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI C G SANIKOPPA

14.M/S. PATRAVALI STONE CRUSHING INDUSTRIES MANDIHAL VILLAGE TALUK DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI SANDEEP J

15.M/S. B.D. MASUR STONE CRUSHING INDUSTRIES, CHANDAMMATTI VILLAGE AMINABHAVI POST TQ AND DIST DHARWAD-580 001, BY ITS PROPRIETOR, SRI B D MASUR

16.M/S. ANAND MINING INDUSTRIES MANDIHAL VILLAGE TALUK AND DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI K T PATIL

17.M/S. VIJAYLAXMI STONE CRUSHING INDUSTRIES, CHAVANGUDDA TALUK HUBLI

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DIST DHARWAD-580 001 BY ITS PROPRIETOR SMT VIJAYALAXMI Y MORBAD

18.M/S. SHRI BASAVESHWARA STONE CRUSHING INDUSTRIES, VILLAGE, TALUK HUBLI, DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI SANJEEVA S SANIKOP

19.M/S. PRITHA ENTERPRISES MANDIHAL VILLAGE TALUK DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI VEERAPPA S TALU

20.M/S. SRI RAGHAVENDRA STONE CRUSHING INDUSTRIES, MANDIHAL VILLAGE, TALUK DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI VIJAY M

21.M/S. MALLIKARJUNA STONE CRUSHING INDUSTRIES MANDIHAL VILLAGE, TALUK DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI KASHINATH B SANIKOP

22.SRI S I CHICKANAGOUDAR ADARAGUNCHI VILLAGE, TALUK HUBLI DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI MALLANGOUDA I CHIKKANGOUDAR

23.M/S. SHRI SIDDAROODHA STONE CRUSHER MANDIHAL TALUK DIST DHARWAD-580 001 BY ITS PROPRIETOR

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SRI S L ANGADI

24.M/S. SHIVANAND STONE CRUSHING INDUSTRIES CHAVARGUDDA VILLAGE HUBLI TALUK HUBLI TQ DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI S G YADAVANNAVAR

25.M/S. KANDUR ENTERPRISES (STONE CRUSHER) MANDIHALL VILLAGE, TALUK DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI K RAJESH AITHAL

26.M/S. GAJANAN STONE CRUSHER MANDIHALL VILLAGE, TALUK HUBLI DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI L RAJAREDDY

27.M/S. RENUKACHARYA STONE CRUSHING INDUSTRIES GANGADHAR NAGAR NOOLVI VILLAGE TQ HUBLI DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI SHANKARGOUDA N PATIL

28.M/S. SRI SHAKTHI STONE CRUSHER SHERWAD VILLAGE TALUK HUBLI DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI PARAMESHWAR G

29.M/S. GYATRI STONE CRUSHER SHERWAD VILLAGE TALUK HUBLI DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI S ABHIJIT

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30.M/S. LAXMI STONE CRUSHER NOOLVI VILLAGE TALUK HUBLI DIS DHARWAD-580 001 BY ITS PROPRIETOR SRI SHANKARGOUDAR S VEERANAGOUDAR

31.M/S. SHRI SAI STONE CRUSHING INDUSTRIES SHERWAD VILLAGE TALUK HUBLI DIST DHARWAD--580 001 BY ITS PROPRIETOR SRI SHVIANAND S ULLEGADDI

32.M/S. MARUTHI STONE CRUSHING INDUSTRY VILLAGE, TALUK HUBLI DIST DHARWAD-580 001 BY ITS PROPRIETOR SMT GEETA VISHWANATH KAMPLI

33.M/S. GURUDTTA STONE CRUSHER MUTTIGE VILLAGE TALUK KALAGATAGI DIST DHARWAD-580 001 BY ITS PROPRIETOR SRI V V HITTALKAR

34.M/S. PRASHANTH STONE CRUSHING INDUSTRIES, BOMMASAMUDRA CHABBI VILLAGE TQ: HUBLI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI ASHOK S. MALLANNAVAR

35.M/S. KALYAN STONE CRUSHER YEMMATTI VILLAGE, TQ: KALGATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI Y.B. KANTEPPAGOUDAR

36.M/S. RENUKA GRADED METAL INDUSTRIES

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YEMMATTI VILLAGE TQ: KALGHATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI SHIVANAND S GAMANAGATTI

37.M/S. VINAYAKA STONE CRUSHER GAMBAPUR TQ: KALGATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI C.I. BABAJI

38.M/S. RENUKA STONE CRUSHING INDUSTRY YEMMETTI GUDIHAL POST TQ: KALGATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI Y.H. KENCHAKKANAVAR

39.M/S. KALINATHESHWAR STONE CRUSHING INDUSTRIES, VILLAGE TQ: KALGHATAGI DIST: DHARWAD-580 001 BY ITS SECRETARY, SRI N.I. SHETTY

40.M/S. S.N. NAYAK & SONS (STONE INDUSTR) HOT MIXING PLANT TQ: KALGHATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI ASHIS S. NAYAK

41.M/S. KALMESHWAR STONE CRUSHING INDUSTRY, ADARGUNCHI VILLAGE TQ: HUBLI, DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI G.C. PATIL

42.M/S. LAXMI STONE CRUSHING INDUSTRIES

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LAXMINIVAS ADYAPAKKANAGAR TQ: HUBLI, DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI RAMESH C. HAKANI

43.M/S. BALALEELA SANGAMESHWARA STONE CRUSHING INDUSTRY, LINGANAKOPPA VILLAGE TQ: KALAGHATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI SHIVALINGAYYA M. HIREMATH

44.M/S. HBLIN STONE CRSHING INDUSTRIES LINGANAKOPPA VILLAGE TQ: KALAGHATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI HIMATH PREMJI PATEL

45.M/S. PAWAR STONE CRUSHING INDUSTRIES LINGANAKOPPA VILLAGE TQ: KALAGHATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI HANUMANTH T. PAWAR

46.M/S. VEERABHADRESHWARA STONE CRUSHER MUTTAGI VILLAGE TQ: KALAGHATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI JAGADISH B. WALI

47.M/S. DURGA STONE CRUSHER MUTTAGI VILLAGE TQ: KALGATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI MANUMANTHAPPA B. MYAGER

48.M/S. SHRI ANNADANESHWAR STONE CRUSHER

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KADANAKOPPA VILLAGE, TQ: KALAGATAGI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI SHANMUKAPPA M. DANAPPANAVAR

49.M/S. MAILARALING STONE CRUSHING INDUSTRIES, ADARGUNCHI VILLAGE, TQ: HUBLI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI Y.M. BHARMAGOUDAR

50.M/S. M.M. DHARWAD STONE CRUSHER UGGINKERI VILLAGE TQ: KALAGATGI DIST: DHARWAD BY ITS PROPRIETOR SRI M.M. DHARWAD-580 001

51.M/S. NAIDU STONE CRUSHER (FORMERLY M/S. ROSHAN STONE CRUSHER) VILLAGE DHARWAD-580 001 BY ITS PROPRIETOR SRI SHIVAYOGI M.KOTI

52.SRI SYED IRFAN INAMDAR (FORMERLY KNOWN AS AVATAR SINGH CONSTRUCTION COMPANY PVT. LTD., AGADI CROSS HUBLI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI S.I. INAMDAR

53.M/S. SRI BALAJI STONE INDUSTRIES ANCHATAGERI VILLAGE TQ: HUBLI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI M.V. GIRADDI

54.M/S. SRI RENUKA STONE CRUSHING INDUSTRIES, CHAVARGUDDA VILLAGE

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TQ: HUBLI DIST: DHARWAD-580 001 BY ITS PROPRIETOR SRI HANUMANTHAPPA Y ... PETITIONERS

(BY SRI : HANUMANTHAREDDY SAHUKAR, ADV.)

AND:

1.THE STATE OF KARNATAKA, DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVAN RACE COURSE ROAD, BANGALORE-560 001, BY ITS DIRECTOR.

2.THE KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVAN 4TH AND 5TH FLOOR, NO.49, CHURCH STREET, BANGALORE-560 001, BY ITS CHAIRMAN.

3.THE DEPUTY COMMISSIONER, DHARWAD-580 001.

4.THE SENIOR GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, DHARWAD. DIST: DHARWAD-580 001.

5.THE MANAGING DIRECTOR, HUBLI ELECTRICITY SUPPLY COMPANY, HUBLI-580 001.

6.THE EXECUTIVE ENGINEER, HUBLI ELECTRICITY SUPPLY COMPANY, DHARWAD RURAL DIVISION, VIDHYAGERI DHARWAD, DIST: DHARWAD-580 001.

7.THE ASSISTANT EXECUTIVE ENGINEER, HUBLI ELECTRICITY SUPPLY COMPANY,

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DHARWAD RURAL DIVISION, VIDHYAGERI DHARWAD, DIST: DHARWAD-580 001.

8.THE ASSISTANT EXECUTIVE ENGINEER, HUBLI ELECTRICITY SUPPLY COMPANY, HUBLI RURAL DIVISION, HUBLI, DIST: DHARWAD. ... RESPONDENTS

(BY SRI: R.G.KOLLE, AGA FOR R1, R3 & R4, SRI.GURURAJ JOSHI, ADV. FOR R2, SRI.N.K.GUPTA, ADV. F OR R5 TO R8)

*****

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO QUASH THE ORDER ALL DATED 3.9.2012 AND 3.3.2011 VIDE ANNEXURES-B TO B53 PASSED BY THE RESPONDENT NO.2 AND ETC.,

THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:

O R D E R NAGARATHNA J.,

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

of Respondent Nos.1, 3 and 4. Sri Gururaj Joshi, learned

Advocate accepts notice for Respondent No.2 and Sri

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N.Krishnananda Gupta, learned Advocate accepts notice for Respondent Nos.5 to 8.

2. In these writ petitions, the petitioners have assailed the orders dated 03/09/2012 and 03/03/2011, passed by the respondent No.2 [Annexures “B to B53”].

3. We have heard the learned counsel on both sides.

They state in unison that these writ petitions could be disposed of in terms of the orders dated 21/11/2012 passed in W.P.No.41069/2012 and W.P.Nos.41515-

528/2012. The submission of the learned counsel is placed on record. The order dated 21/11/2012 reads as under:-

“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

-: 13 :- 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 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

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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.

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

4. In the circumstances, the respondent – authorities are directed to consider the petitioners’ applications

Annexures “C to C53” filed on various dates in accordance with law, as the safer zone for Dharwad District is notified on 11/10/2012. The petitioner is permitted to continue

-: 15 :- the stone crushing units in the present location till the disposal of his application. Accordingly, the impugned orders dated 03/09/2012 and 03/03/2011 (Annexure “B to

B53”) are quashed. Writ petitions are allowed in the aforesaid terms.

Sd/- ACTING CHIEF JUSTICE

Sd/- JUDGE

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