1

IN THE HIGH COURT OF AT BANGALORE Dated this the 10 th day of December, 2012 PRESENT THE HON’BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE AND THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA WP Nos.49035-49072/2012 (GM-MMS)

BETWEEN :

1. DIGVIJAY STONE CRUSHING INDUSTRIES KARLE VILLAGE TQ: DISTRICT: – 590 015, BY ITS PROPRIETOR SRI R S DODDANAVAR.

2. M/S VASANT STONE CRUSHING INDUSTRIES RANAKUNDE VILLAGE, TQ:DISTRICT:BELGAUM – 590 015, BY ITS PROPRIETOR SRI VASANTH J TASHILDAR.

3. M/S SURAJ STONE CRUSHER KUSUMALI VILLAGE, TQ DISTRICT: BELGAUM – 590 015, BY ITS PROPRIETOR SRI AMAR DESAI.

4. M/S SRIRAM STONE CRUSHER VILLAGE TQ: DISTRICT: BELGAUM– 590 015, BY ITS PROPRIETOR SRI PRAVEEN I KADAM.

5. M/S GAJANAN STONE CRUSHER UCHAWADI VILLAGE ROAD TQ KHANAPUR, DISTRICT BELGAUM– 590 015, BY ITS PROPRIETOR SRI RAVALNATH K GURAV.

6. M/S QUALITY STONE CRUSHING INDUSTRIES TIRTHKUNDE VILLAGE TQ KHANAPUR,

2

DISTRICT BELGAUM– 590 015, BY ITS PROPRIETOR SRI MAHAVEER J MIRAJI.

7. M/S STONE CRUSHER KALLEHOL VILLAGE TQ DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI FAYAZ A ANKALGI.

8. M/S KAMADHENU STONE CRUSHER VILLGE TQ DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI S I KATHI.

9. JYOTI STONE CRUSHING INDUSTRIES VILLAGE TQ: DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI S L CHOUGLE.

10. M/S PRASHAN STONE CRUSHING INDUSTRIES VILLAGE TQ KHANAPUR, DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI PRASHANT G SAWANT.

11. M/S SHREE STONE CRUSHER BAILUR VILLAGE TQ KHANAPUR, DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI PRASHANT SAWANT.

12. M/S MAHALSA STONE CRUSHER UCHAWADI VILLAGE TQ KHANAPUR DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI RAMESH Z NAYAK.

13. M/S LAXMI STONE CRUSHING INDUSTRIES SULGU VILLGAE TQ: DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI P B SADHUNAVAR.

3

14. M/S PRASHANT STONE CRUSHING INDUSTRIES AMBEVADI VILLAGE TQ: DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR, SRI B A DHAMNEKAR.

15. M/S SHRI SAI STONE INDUSTRIES VILLAGE TQ: DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI RAMESH M DEWAN.

16. M/S LAXMI STONE INDUSTRIES TARIHAL VILLAGE TQ: DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI S P JADHAV.

17. M/S J K S STONE CRUSHING INDUSTRIES KAMKARATTI VILLAGE TQ DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI NARAYAN J SANTAJI.

18. M/S MEHARAJ STONE CRUSHER VILLAGE TQ DISTRICT BELGAUM BY ITS PROPRIETOR SRI MD SHAFIC B .

19. M/S ASHIRWAD STONE CRUSHER RANAKUNDE VILLAGE TQ DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI B V

20. SAI UDYOG (STONE CRUSHER) KALLEHOL VILLAGE TQ DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI JAGANNATH P KARDE.

21. M/S ARIHANT STONE CRUSHER KALLEHOL VILLAGE TQ DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI UJJWAL R MANGLE.

4

22. M/S GANGA STONE CRUSHER BARAMAI MOOL, ROAD TQ: DISTRICT: BELGAUM – 590 015, BY ITS PROPRIETOR SRI JANARDHAN GANGARAM BATLE.

23. M/S BHAGYALAXMI STONE CRUSHER INUSTRIES GALATAGA VILALGE TQ: CHIKODI, DISTRICT: BELGAUM BY ITS PROPRIETOR SRI ASHOK BABASAHEB CHOUGALE.

24. M/S KRSIHNA STONE CRUSHER JATRAR ROAD NIPPANI TQ: CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI D R PATADE.

25. M/S V P N CONSTRUCTIONS SOLUTIONS KOGNOLLI TQ CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI PRAVEEN B CHOUGALE.

26. M/S JAY INDUSTRIES (STONE CRUSHER) YARAGANVI VILLAGE TQ CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI SHAH JAYAVANT VALACHAND.

27. SRI SAI SHANKAR STONE CRUSHER JATRAT RAOD NIPPANI TQ CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI S A PARHADE.

28. M/S OMKAR STONE CRUSHER VILLAGE TQ: CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SMT ASHWINI SURESH GHARABUDE.

29. M/S S N MIRJE STONE CRUSHER JAINAPUR VILLAGE TQ CHIKODI DISTRICT BELGAUM – 590 015,

5

BY ITS PROPRIETOR SRI S N MIRJE.

30. M/S PRAVEEN STONE CRUSHER JAINAPUR VILLAGE TQ: CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI SHAMRAO H BYADGI.

31. M/S OM GANESH STONE CRUSHER KANOSHI VILLAGE TQ CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI RAMESH BASAPPA CHANNAVAR

32. M/S VIBHA STONE CRUSHER JAINAPUR VILLAGE TQ CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI V S MANJAREKAR.

33. M/S VEERABHADRESHWAR STONE CRUSHER JAINAPUR VILLAGE TQ CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SR S B MANGAJ.

34. M/S GHATGI BASAVANNA STONE CRUSHER JAINAPUR VILLAGE TQ CHIKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SMT SHOBHA S CHANNAVAR.

35. M/S S S MIRJE STONE CRUSHER KAROSHI VILLAGE TQ CHIKODI DISTRICT BELGAUM BY ITS PROPRIETOR SRI S S MIRJE – 590 015,

36. M/S MAHALAKSHMI STONE CRUSHER JAINAPUR VILLAGE TQ CHIKKODI DISTRICT BELGAUM – 590 015, BY ITS PROPRIETOR SRI BHARAT M JUGALE.

37. M/S SRIRAM STONE CRUSHER KAROSHI VILLAGE TQ CHIKKODI DISTRICT BELGAUM

6

BY ITS PROPRIETOR SRI A G PATIL.

38. M/S SRI CHANDRAMMA GRAMODYOG SOCIETY (STONE CRUSHING UNIT) VILLAGE TQ: CHIKKODI DISTRICT BELGAUM: – 590 015, BY ITS PROPRIETOR SRI A B PATIL ... PETITIONERS (BY SRI HANUMANTHAREDDY SAHUKAR, ADV.)

AND :

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

2. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN 4 TH AND 5 TH FLOOR, NO.49 CHURCH STREET, BANGALORE – 560 009, BY ITS CHAIRMAN.

3. THE DEPUTY COMMISSIONER BELGAUM DISTRICT BELGAUM– 560 015.

4. MINES AND GEOLOGY DEPARTMENT BANASHANKARI KRUPA, PLOT NO.68 SANGAMESHWARA NAGAR APMC ROAD BELGAUM – 560 015.

5. THE EXECUTIVE ENGINEER O & M GANDHINAGAR, BELGAUM – 560 015.

6. THE EXECUTIVE ENGINEER O & M CHIKKODI DISTRICT BELGAUM – 590 015. ... RESPONDENTS (BY SRI R.G. KOLLE, AGA FOR R1,3 TO 6 SRI D. NAGARAJ, ADV. FOR R2)

7

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDERS DATED 30.8.2012, 5.9.12, 28.8.2012, 3.9.2012, 28.8.2012, 28.8.2012, 5.9.2012, 3.9.2012, 1.9.2012, 28.8.2012, 28.8.2012, 28.8.2012, 5.9.2012, 5.9.2012, 5.9.2012, 1.9.2012, 3.9.2012, 5.9.2012, 5.9.2012, 1.9.2012, 5.9.2012, 10.9.2012, 10.9.2012, 18.9.2012, 18.9.2012, 10.9.2012, 18.9.2012, 10.9.2012, 10.9.2012, 10.9.2012, 10.9.2012, 10.9.2012, 10.9.2012, 10.9.2012, 10.9.2012, 10.9.2012, 10.9.2012 AND ORDER DATED 11.9.2012 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURES-D TO D37 RESPECTIVELY.

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

O R D E R

VIKRAMAJIT SEN, C.J. (Oral) :

Sri.R.G.Kolle, AGA accepts notice on behalf of respondent nos.1, 3 to 6.

Sri.D.Nagaraj, Advocate accepts notice for respondent no.2.

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 WP 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

8

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 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

9

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.”

3. In these circumstances Annexures-D, D.1 to D.37 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

mv