Karnataka High Court
Smt. C. K. Arunakshi vs The Director Of Mines And Geology on 30 November, 2018
Bench: Chief Justice, S.Sujatha
W.P.No.47527/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MRS.JUSTICE S. SUJATHA
WRIT PETITION No.47527 OF 2018 (GM-MM-S)
BETWEEN:
SMT.C.K.ARUNAKSHI
W/O K.M.MOHAN
AGED ABOUT 45 YEARS,
R/AT DEVI NILAYA,
SRI SAI ROAD,
CHIKKAHONNENAHALLI RING ROAD,
HASSAN CITY-573201. ... PETITIONER
(BY SRI A.V.GANGADHARAPPA, ADV.)
AND:
1. THE DIRECTOR OF MINES AND GEOLOGY
KHANIJA BHAVANA, RACE COURSE ROAD,
BANGALORE-560001
2. SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY,
HASSAN DISTRICT
HASSAN-573201. ... RESPONDENTS
(BY SRI VIKRAM HUILGOL, HCGP.)
THIS WRIT PETITION FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR THE RECORDS AND PROCEEDINGS OF THE CASE AND
DIRECT THE RESPONDENTS TO ISSUE NECESSARY
LICENSE FOR COMMENCEMENT OF THE STONE CRUSHING
OPERATION IN PURSUANCE TO THE PERMISSION GRANTED
BY THE RESPONDENTS FOR INSTALLATION OF THE STONE
W.P.No.47527/2018
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CRUSHER AS PER LETTER DATED 04.04.2017 ISSUED BY
THE R-2 TRUE COPY OF WHICH IS PRODUCED AS
ANNEXURE-B AND THE LETTER DATED 18.06.2018
SUBMITTED BY THE PETITIONER TO THE R-2 TRUE COPY OF
WHICH IS PRODUCED AS ANNEXURE-D RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, S. SUJATHA, J., MADE THE
FOLLOWING:
ORDER
The petitioner, claiming to be the holder of Stone quarry licence and running a stone quarry of Hassan Green Stones (mineral) in Sy.No.38 of Chigalli village, Shanthigrama Hobli, Hassan Taluk, found it necessary to obtain stone crushing license for formation of crushed stone [Jelly] by crushing the waste product obtained during the mining operation of stone quarry. Hence, the petitioner made an application for grant of permission for establishing a stone crusher. It is averred that the District Task Force decided to sanction permission to establish stone crusher and the same was communicated to him through respondent No.2. The petitioner was asked to obtain and produce the Consent for Operation [CFO] from the Karnataka State Pollution Control Board. On such a request made by the petitioner, the Karnataka State Pollution Control Board issued CFO. The petitioner, placing the same before the respondent No.2, W.P.No.47527/2018 -3- requested to issue the licence for starting the stone crushing operation. It is the grievance of the petitioner that the respondent No.2 has not issued the licence for starting the stone crushing operation despite several requests made. Hence, this writ petition, seeking a direction to the respondents to issue necessary licence for commencement of the stone crushing operation in pursuance to the permission granted to the respondents for installation of stone crusher and CFO issued by the Karnataka State Pollution Control Board.
2. Learned counsel Sri.Gangadharappa.A.V., appearing for the petitioner argued that the respondents are bound to issue the licence for commencement of the operation, once the petitioner has been permitted to install the stone crusher as per the decision taken by the District Task Force and the CFO certificate issued from the Karnataka State Pollution Control Board. The failure of performance of the statutory duty cast upon the respondent authorities, resulted in failure of justice causing the irreparable injury to the petitioner. It is contended that in the process of quarrying Hassan Green Stone [mineral], the by-products and wastage W.P.No.47527/2018 -4- which are accumulating requires to be regularly disposed of by crushing, which necessarily requires a stone crusher. The laxity on the part of the respondents in not issuing the stone crusher licence to the petitioner calls for interference by this Court.
3. Learned High Court Government Pleader appearing for the respondents would point out that the CFO issued by the Karnataka State Pollution Control Board dated 15.06.2018 specifies that, the consent is valid for the period up to 30.09.2018 only. The same having been expired, the petitioner is required to obtain a fresh CFO from the Karnataka State Pollution Control Board. Unless such CFO issued by the Karnataka State Pollution Control Board is made available before the respondent authorities, no stone crushing licence can be issued.
4. We have carefully considered the submissions made and perused the material placed on record.
5. To advert to the arguments submitted by the learned counsel for the parties, we deem it just and proper to W.P.No.47527/2018 -5- analyze the same with reference to the relevant provisions of the Karnataka Regulation of Stone Crushers Act, 2011 ['Act' for short].
6. Section 4 of the Act deals with application for licence. In terms thereof, every application for grant of renewal of licence to carry on the business of stone crushing under this Act shall be made to the Licensing Authority in such form, in such manner, accompanied by such documents and such fees as may be prescribed. An application for renewal of licence shall be made to the Licensing Authority three months before the expiry of the licence. As per sub- section [2] of Section 4, on receipt of application for grant or renewal of licence, the Licensing Authority shall cause joint inspection of the location under sub-section [3] of Section 6. After declaration of safer zone, the Licensing Authority shall issue a certificate of consent of safer zone to the applicant. If the area proposed in the application is not declared as safer zone, the Licensing Authority shall reject the application for the reasons to be recorded in writing and inform the applicant accordingly. However, the applicant is at liberty to make fresh application for alternative location. In terms of sub-section [3] W.P.No.47527/2018 -6- of Section 4, if the Licensing Authority issues a certificate of consent of safer zone, the applicant shall approach the Karnataka State Pollution Control Board and obtain Consent for Operation [CFO] and submit the same to the Licensing Authority.
7. Licensing Authority is defined under Section 2[g] of the Act which means the Authority defined in Clause [b] of Section 2. As per the said provision, "Authority" means the District Stone Crushers Licensing and Regulation Authority constituted under Section 8.
8. Section 6-A[1] of the Act deals with the conditions for grant of licence and the same is quoted herein for ready reference:
"[1] No licence shall be issued for stone crushers outside the safer zone.
[2] The Licensing Authority on production of Consent For Operation [CFO] certificate issued by the Karnataka State Pollution Control Board shall grant licence to the applicant in such form as may be prescribed. The licensee shall adhere to the following conditions, namely, (1) each unit shall abide by the provisions of the Air [Prevention and Control of Pollution] Act, 1981 and the Environment W.P.No.47527/2018 -7- [Protection] Act, 1986 and rules made thereunder as prescribed by KSPCB from time to time.
(2) each unit shall conform to the Noise Pollution [Regulation and Control] Rules, 2000.
(3) an individual or cluster of stone crushers shall provide 15 to 20 feet wall/GI sheet protection on all the three sides [parallel to National Highway or State Highway or major district road or village habitation or temple or school as the case may be] in addition to the air pollution control measures.
(4) The applicant has to. -
[a] adopt necessary dust containment system like building enclosures to the major dust emission sources to prevent dust going out of the place;
[b] construct enclosures of G.I. sheets [1.66 mm and 1.25 mm thick] and supported by angle structures to withstand strong wind; [c] give the roof a gradual slope/curvature so as to prevent accumulation of water;
[d] provide material transfer point such as hopper bottom/product unloading conveyor to be covered suitably to prevent dust release into the atmosphere;
[e] ensure that where complete enclosures are not possible such as openings in jaw crushers side and bottom they are to be covered suitably with GI sheets/rubber flap or any other material to prevent dust release into the atmosphere;
[f] ensure that telescopic chutes are provided at product unloading conveyor to prevent dust release into the atmosphere during W.P.No.47527/2018 -8- free fall of material from height. These chutes can be adjusted in length according to size of the heap;
[g] provide openings in the enclosures over Shafter motor driver conveyor belts etc., with rubber flaps [wherever possible] to prevent release of dust;
[h] provide effective dust suppression system comprising of spraying of fine water mist through special nozzles shall be carried out over the dust generation sources to suppress the dust cloud;
[i] make periodical cleaning of water spray nozzles to avoid choking;
[j] provide as an occupational safety, nose masks to all the workers.
(5) All stone crushing units shall provide adequate green belt comprising evergreen high foliage type of trees like neem, tamarind, gold mohar, flame of the forest and any other local varieties to restrict the spread of particulate matter."
9. Section 9 of the Act contemplates about the duties of the Authority and the same reads thus:-
9. The duties of the Authorities. -
[1] xxxxx [2] The duties of the Authority shall be. - [i] to cause Joint Inspection of stone crushers and obtain report by the concerned officers of Mines and Geology, Revenue, Forest Departments and KSPCB to verify W.P.No.47527/2018 -9- the conditions stipulated for declaring the safer zone;
[ii] to declare the safer zone, which are conforming the norms;
[iii] to issue Certificate of compliance of safer zone in such form as may be prescribed to the applicants having stone crusher located in declared safer zone;
[iv] to issue licence in the form as may be prescribed;
[v] to supervise licensed premises and
report any violations to the
Chairman;
[vi] to suspend/cancel the licence for
non-compliance of the conditions;
[vii] to invite any of the officers of any
other departments of Government to
assist the Authority on any specific issues like computation of compensation, provide technical advice etc.,;
[viii] to follow the orders and guidelines issued by the Government from time to time; and [ix] to inspect or authorize an officer to inspect each stone crushers periodically at least once a year."
10. Section 10 of the Act provides for cancellation of licence. The licence issued under this Act may be cancelled W.P.No.47527/2018
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suo motu for the reasons to be recorded in writing by the Licensing Authority or on considering any complaint or application filed by any person to the effect that the licence granted is not in accordance with the provisions of this Act and rules or that the licensee has violated the conditions of licence provided that no order of canceling of licence shall be made under this Section without giving an opportunity of being heard to the licensee or a person aggrieved by such cancellation.
11. The undisputed facts in the present case are that, the quarry licence was granted to the petitioner on 27.09.2002 and the said licence is valid for 20 years. On the application made by the petitioner for grant of permission for establishing stone crusher, District Task Force, in its meeting held on 04.03.2017, decided to sanction permission to the petitioner to establish stone crusher. On 04.04.2017, petitioner has been informed about the decision taken by the District Task Force through the letter of the Senior Geologist and Member Secretary, District Stone Crusher, Licensing Authority, Hassan District. On 15.06.2018, the Karnataka State Pollution Control Board issued CFO. On 18.06.2018, petitioner W.P.No.47527/2018
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produced the CFO to the second respondent and requested to issue a licence for starting stone crushing operation. CFO issued by the Karnataka State Pollution Control Board dated 15.06.2018 specifies that the consent is valid for the period up to 30.09.2018 only.
12. As discussed in the preceding paragraphs, Section 6-A[2] of the Act mandates the production of Consent for Operation (CFO certificate) issued by the Karnataka State Pollution Control Board, for issuance of stone crusher licence. No such licence can be granted on the consent, the validity of which has been expired, otherwise, the purpose of obtaining CFO would be an empty formality, defeating the purpose and object of the Act. Hence, at this stage, considering the CFO issued by the Karnataka State Pollution Control Board, whereby the validity of consent has been expired, no order or direction can be issued to the respondents to grant stone crusher licence to the petitioner unless a fresh consent/extension of consent is issued by the Karnataka State Pollution Control Board.
W.P.No.47527/2018
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13. For the foregoing reasons, this petition stands disposed of at this stage itself, while providing that if the petitioner produces fresh/extension of consent from the Karnataka State Pollution Control Board, the Licensing Authority shall take final decision on the petitioner's application within four weeks thereof.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE NC/PMR