1

IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 15 TH DAY OF FEBRUARY 2013

PRESENT

THE HON’BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE S.ABDUL NAZEER

WRIT PETITION NOS.7737 -7746/2013 (GM-MM-S)

BETWEEN :

1. M/S GURUKRUPA CRUSHING INDUSTRIES, , TQ: DIST: UTTARA -581 301 BY ITS PROPRIETOR SRI JATTAPPA NAGAPPA NAIK

2. M/S SHREE MURUDESHWAR STONE CRUSHING INDUSTRY TERANAMAKKI KAIKINI VILLAGE TQ: BHATKAL DIST: -581 301 BY ITS PROPRIETOR SRI NAGESH VENKATARAMANA SHETTY

3. M/S GANESH STONE CRUSHER SANTEGULI, TQ: KUMTA DIST: UTTARA KANNADA-581 301 BY ITS PROPRIETOR SRI RAJU A. NAIK

4. M/S DURGA PARAMESHWARI STONE CRUSHER -II VILLAGE TQ: BHATKAL DIST: UTTAR KANNADA-581 301 BY ITS PROPRIETOR SRI MANJAPPA SHANIYAR NAIK

2

5. M/S SIDDARTHA STONE CRUSHING INDUSTRIES, BENGRE VILLAGE TQ: BHATKAL DIST: UTTAR KANNADA-581 301 BY ITS PROPRIETOR SRI SUNIL B. NAIK

6. M/S MAHAGANEPATI STONE CRUSHING INDUSTRIES SUSGADI BELKE, TQ: BHATKAL DIST: UTTAR KANNADA-581 301 BY ITS PROPRIETOR SRI IRAPPA M. NAIK GARDIKAR

7. M/S RAINA CRUSHING INDUSTRIES BANGARMAKKI VILLAGE BENGRE TQ: BHATKAL DIST: UTTAR KANNADA-581 301 BY ITS PROPRIETOR SRI SUNHERI MOHIDDIN BASHA

8. M/S DURGA PARAMESHWARI STONE CRUSHER, BENGRE, TQ: BHATKAL DIST: UTTAR KANNADA-581 301 BY ITS PROPRIETOR SRI LAXMAN NARAYAN NAIK

9. M/S SHANTIKA CRUSHER BELEGULI VILLAGE TQ: ANKOLA DIST: UTTAR KANNADA-581 301 BY ITS PROPRIETOR SRI NARAYAN DAYANAND NAYAK

10. M/S SHRIDEVI STONE CRUSHER BENGRE VILLAGE, TQ:BHATKAL DIST: UTTARA KANNADA-581 301 BY ITS PROPRIETOR SRI BABU S. MOGER ... PETITIONERS

(BY SRI HANUMANTHAREDDY SAHUKAR, ADV.,)

3

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 UTTAR KANNADA DISTRICT-581 301

4. THE SUPERINTENDENT ENGINEER HUBLI ELECTRICITY SUPPLY COMPANY SIRSI, DIST: UTTAR KANNADA-581 301

5. THE ASSISTANT EXECUTIVE ENGINEER HUBLI ELECTRICITY SUPPLY COMPANY KUMTA, DIST: UTTAR KANNADA-581 301

6. THE ASSISTANT EXECUTIVE ENGINEER HUBLI ELECTRICITY SUPPLY COMPANY BHATKAL, DIST: UTTAR KANNADA-581 301

7. THE ASSISTANT EXECUTIVE ENGINEER HUBLI ELECTRICITY SUPPLY COMPANY ANKOLA, DIST: UTTAR KANNADA-581 301 ... RESPONDENTS

(BY SRI R.G.KOLLE, AGA FOR R-1 & 3; SRI D.NAGARAJ, ADV., FOR R-2; SRI PRASHANTH T. PANDIT, ADV., FOR R-4 TO 7)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDERS ALL DATED 29.08.2012 VIDE ANNEXURES-B TO B6, B8 & B9 AND DATED 31.08.2012 VIDE ANNEXURE-B7 PASSED BY RESPONDENT NO.2 RESPECTIVELY. 4

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

ORDER

K.Sreedhar Rao, Ag.CJ (Oral)

Sri R.G.Kolle, AGA accepts notice on behalf of respondent Nos.1 and 3, Sri D.Nagaraj, advocate accepts notice for respondent No.2 and Sri Prashanth T. Pandit, advocate accepts notice for respondent Nos.4 to 7.

2. In these writ petitions, the petitioners have assailed the closure orders passed by respondent No.2

Annexures-B, B1, B2, B3, B4, B5, B6, B8 & B9 dated

29.08.2012 and Annexure-B7 dated 31.08.2012.

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 order 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 5 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 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 6

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 C9 dated 09.01.2013 , 09.01.2013,

16.01.2013, 16.01.2013, 09.01.2013, 09.01.2013,

16.01.2013, 16.01.2013, 29.12.2012 and 09.01.2013 respectively in accordance with law, as the safer zone for

Uttara Kannada District is notified on 16/10/2012. The petitioners are permitted to continue their stone crushing 7 units in the present locations till disposal of their applications. Accordingly, the impugned closure orders

Annexures-B, B1, B2, B3, B4, B5, B6, B8 & B9 dated

29.08.2012 and Annexure-B7 dated 31.08.2012 are quashed. Writ petitions are allowed in the aforesaid terms.

Sd/- ACTING CHIEF JUSTICE

Sd/- JUDGE

bkv