Karnataka High Court
Sri Manchammadevi Stone Crusher And M ... vs State Of Karnataka on 28 March, 2024
Bench: Chief Justice, Krishna S Dixit
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NC: 2024:KHC:12926-DB
WP No. 5990 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR.N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 5990 OF 2024 (GM-MM-S)
BETWEEN:
1. SRI MANCHAMMADEVI STONE
CRUSHER AND M-SAND
A PROPRIETORSHIP CONCERN,
ELECHAKANAHALLI, KOTHATHI HOBLI,
MANDYA TALUK,
MANDYA DISTRICT - 571 402
REPRESENTED BY ITS PROPRIETOR,
MR.Y.B. ASHOKGOWDA PATEL
...PETITIONER
Digitally signed by (BY SRI SANDESH J. CHOUTA, SENIOR ADVOCATE A/W
PRABHAKAR
SWETHA SRI PURNACHANDRA M. PURANIK, ADVOCATE FOR
KRISHNAN
Location: High SRI VIKRAM UNII RAJAGOPAL, ADVOCATE)
Court of Karnataka
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
(MINES AND GEOLOGY) VIKASA SOUDHA,
BENGALURU - 560 001.
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WP No. 5990 of 2024
2. DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVANA,
RACE COURSE ROAD,
BENGALURU - 560 001
REPRESENTED BY ITS DIRECTOR.
3. DISTRICT STONE CRUSHER LICENSING AND
REGULATORY AUTHORITY
KHANIJA BHAVANA, No.CA4/C,
VIVEKANANDANAGAR LAYOUT
MANDYA - 571 402
REPRESENTED BY SENIOR GEOLOGIST AND
MEMBER SECRETARY
4. THE DEPUTY COMMISSIONER
MANDYA DISTRICT,
MANDYA - 571 402.
...RESPONDENTS
(BY SRI S.S. MAHENDRA, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE DATED 20.01.2024 BEARING No.GABHOOE/HIBHOOVI/
CRUSHER-KAGAGU/2023-24/3531 ISSUED BY RESPONDENT No. 3
(ANNEXURE-A) & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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WP No. 5990 of 2024
ORDER
Heard learned Senior Advocate Mr.J.Sandesh Chouta assisted by learned advocate Mr.M.Purnachandra Puranik for the petitioner and learned Government Advocate Mr.S.S.Mahendra for the respondents. The Court had also the benefit of assistance of learned Senior Advocate Mr.Aditya Sondhi who acted as Amicus Curiae.
2. The petitioner, a partnership firm, has called in question the notice dated 20.01.2024 issued by respondent No.3- District Stone Crusher Licensing and Regulatory Authority. A further prayer is made to direct the respondents not to take coercive measures against the petitioner in relation to the operations of the stone crusher and M-sand unit.
3. The challenge is advanced to the aforesaid notice raising various grounds. The notice requires the petitioner to temporarily stop quarrying/crusher and other concerned activities within 20 kms. radius of the Krishna Raja Sagara Dam, Mandya District. The notice refers to the order dated 08.01.2024 passed by a co-ordinate Bench of this Court in -4- NC: 2024:KHC:12926-DB WP No. 5990 of 2024 Writ Petition No.19835 of 2023. In the said order, the Court has required to stop the crusher, quarrying and further concerned activities within such radius of the dam. 3.1 The directions in the said order also quoted in the notice are as under,
(i) All mining licences/leases comprising any area (whether in private land, government land or otherwise) that lies within a radius of 20 Kms from the periphery of KRS Dam are hereby kept under suspended animation and as a consequence, no mining or allied activities shall be carried on or continued by any person or agency till after a decision is taken by the statutory committee constituted under the provisions of Dam Safety Act, 2021 on the basis of report of study & research, as discussed above.
(ii) The prohibition of mining or allied activity as directed in the preceding paragraph shall apply to all cases of mining notwithstanding that such activity is being carried on under the orders of this court or of the jurisdictional authority, that were made prior to the date on which the Dam Safety Act, 2021 came into force i.e., 30.12.2021.
(iii) The Authorities such as, the Officials of Dept. of Mines & Geology, Police Dept., Revenue Dept., etc shall enforce the above directions in letter & spirit and criminal cases be filed against the violators. The violation of the said directions shall also be liable to be treated as the contempt of this court.
4. Besides that the notice to the petitioner is to stop the quarrying and other activities is based on the aforesaid order, learned Amicus Curiae invited attention of the Court to the -5- NC: 2024:KHC:12926-DB WP No. 5990 of 2024 aspect that the State Level Dam Safety Committee has already been constituted and is functional. It is a Committee constituted under Chapter IV of the Dam Safety Act, 2021. Section 11 deals with the Constitution of State Committee on Dam Safety whereas, Section 12 provides for functions of State Committee.
5. It was undisputedly stated before the Court that the Committee is seized of the very subject matter and the related aspects. It was further stated that the Committee has been addressing the issue as to whether in addition to the mining and crushing activities, which activities could be said to be falling under the category of 'allied activities' which would cause and would have tendency of causing danger to the dam site and the safety of the dam. The very grounds mentioned in the notice are the centripetal issue which the State Level Dam Safety Committee has been considering.
6. Learned Government Advocate in support of the notice submitted that all activities potent to cause danger to the dam site could be classified as allied activities. -6-
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7. It is for the Committee to take a decision on this score.
8. In light of all the above, the writ petition is not liable to be entertained. It is open to the petitioner to approach the Committee by way of appropriate application to seek consideration of his case and the grievance in accordance with law.
9. The Committee shall take into consideration all the aspects including the aspects which may be raised by the petitioner to include the same in the report to be submitted to the State Government.
10. With the aforesaid observations, the writ petition is disposed of as not entertained.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE KPS List No.: 1 Sl No.: 37