Karnataka High Court
M/S Aqua Port vs Mirjan Grama Panchayat on 10 June, 2013
Author: H N Nagamohan Das
Bench: H.N.Nagamohan Das
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10TH DAY OF JUNE, 2013
BEFORE
THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS
WRIT PETITION NO.43746/2012 (LB-RES)
BETWEEN:
M/s. Aqua Port
Represented by its partner
Mr.P.Aboobakar
S/o Late Sri Abdul Saheb
Alifa Manzil, Nejar
Kalyanpur Post
Udupi District-576102. ... Petitioner
(By Sri K.N.Mahabaleswara Rao, Adv.,)
AND:
1. Mirjan Grama Panchayat
Mugvekanwadi village
Mirjan
Kumta Taluk-581343.
Represented by its Secretary.
2. The Assistant Commissioner
& Taluk Executive Magistrate
Kumta Taluk
Kumta-581343.
Uttara Kannada District.
3. The Executive Officer
Kumta Taluk Panchayath
Kumta-581343
Uttara Kannada District.
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4. Karnataka State Pollution Control Board
No.49, 1st to 5th floor
Church Street
Bangalore-01. ... Respondents
(By Sri Ravi G.Sabhahit, Adv., for R1 & R3,
Sri N.B.Vishwanath, Adv., for R2,
Sri D.Nagaraj, Adv., for R4)
***
This Writ Petition is filed under Article 226 and
227 of Constitution of India praying to set aside the
Annx-C the order dt. 22.7.10 passed by R1 vide Annx-J
the order dated 12.7.12 in Appeal No.1/11-12 passed
by the R3 and consequently issue writ in the nature of
mandamus directing the R1 to grant license/permission
under the privision of Karnataka Panchayath Raj Act to
run the industry of manufacture of fish meal and fish
oil in the name of Aqua port.
This petition is coming on for Preliminary Hearing
in 'B' Group this day, the court made the following:
ORDER
Petitioner was running a Industrial Unit engaged in the manufacture of fish meal and fish oil situated at Mugvekanwadi Village, Mirjan Panchayath, Kumta Taluk. Since the unit run by the petitioner was causing foul smell resulting in environmental problems in the locality and affected the health of people. The residents of the locality protested for running the Industrial unit 3 by the petitioner. Consequently, from the year 2005 the petitioner stopped the manufacturing activity.
2. In the month of May 2010, the petitioner approached the Karnataka State Pollution Control Board and requested for issue of no objection certificate for establishing industrial unit by installing Hygienic Recycling Environmental Euro-model Machineries. The respondents Pollution Control Board issued no objection certificate as per Annexure-B dated 26/05/2010 subject to certain conditions. On the basis of no objection certificate issued by the Pollution Control Board the petitioner approached the first respondent Gram Panchayath for trade licence. Under the impugned order at Annexure-C dated 22/07/2010 the Gram Panchayath rejected the request of petitioner. Aggrieved by this order of Gram Panchayath the petitioner filed an Appeal before the third respondent Taluk Panchayath and the same came to be rejected under the impugned order Annexure-J dated 12/07/2012. Hence, this writ petition.
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3. It is seen from the record that the Pollution Control Board issued no objection certificate as per Annexure-B on 26/05/2010 for a period of three years. Now, the three years period had expired, the question of remanding the matter for re-consideration to the Gram Panchayath or to the Taluk Panchayath will not arise. Secondly, it is seen that the Taluk Panchayath and Gram Panchayath have not taken into consideration the fact of installing a hygienic recycling machineries by the petitioner. Further, the Gram Panchayath and Taluk Panchayath have not examined effect of issuing a conditional licence.
4. In these circumstances, writ petition is hereby disposed of with a liberty to the petitioner to approach the respondent Gram Panchayath with a fresh application specifying the details to prevent the foul smell from the stage of bringing the raw-material, processing it and disposal of waste. If such an application is filed with supporting documents than the 5 same is to be considered in accordance with law without reference to earlier orders.
Accordingly, the writ petition is hereby disposed of.
SD/-
JUDGE SM