Karnataka High Court
M/S Sri. Manjunatha Stone Crusher vs State Of Karnataka on 2 January, 2013
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 2ND DAY OF JANUARY 2013
PRESENT
THE HON'BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION Nos.52320-52354/2012 (GM-MM-S)
BETWEEN:
1.M/S. SRI.MANJUNATHA STONE CRUSHER,
SY.NO.376 AND 377, BAGALUR VILLAGE,
BANGALORE NORTH TALUKA,
BANGALORE-URBAN,
REPRESENTED BY ITS PROPRIETOR,
R.BHAGYALAKSHMI, W/O R.ANAND KUMAR,
AGED ABOUT 40 YEARS,
NO.15, 3RD CROSS, AKSHAYA NILAYA,
SAMPIGEHALLI, JAKKUR,
BANGALORE- 560 064.
2.M/S. MANJUNATHA STONE CRUSHER,
S.NO.2/P8, MITAGANAHALLI,
BANGALORE-EAST, BANGALORE-URBAN,
REPRESENTED BY ITS PROPRIETOR,
B.K.NAGARAJ, AGED ABOUT 60 YEARS,
BANDE HOSUR VILLAGE,
KANNUR(POST), BANGALORE EAST,
BANGALORE.
3.SRINIVASA STONE CRUSHERS,
SY NO. 377, BAGALUR,
BANGALORE NORTH,
BANGALORE URBAN DISTRICT,
REPRESENTED BY ITS PROP. R.KASHI VISHWANATHA,
AGED ABOUT 30 YEARS,
NO.19, MITAGANAHALLI KANNUR BIDARHALLI HOBLI,
BANGALORE-EAST TALUKA,
BANGALORE-URBAN.
4.M/S LAKSHMINARASHIMA SWAMY STONE CRUSHERS,
SY.NO.88, CHAGALAHATTI, BANGALORE-NORTH,
BANGALORE URBAN,
REPRESENTED BY ITS PARTNER,
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SRI N.GOPAL KRISHNA,
AGED ABOUT 30 YEARS,
NO.29, 4TH CROSS, K.H.B. COLONY,
GANDHINAGARA EXTENSION, YELAHANKA,
BANGALORE- 560 0064.
5.SRI MANJUNATHA STONE CRUSHER,
SY.NO.4, MITAGANAHALLI,
BANGALORE-URBAN,
REPRESENTED BY ITS PROPRIETOR,
T.PILLAPPA, AGED ABOUT 49 YEARS,
NO.1808, NEAR OLD GOVT. SCHOOL,
NARANAPPA ROAD, RMV 2ND STAGE,
BANGALORE- 560 094.
6.M/S C.N.S. STONE CRUSHERS,
SY.NO.2, MITAGANAHALLI,
BANGALORE-EAST,
BANGALORE-URBAN,
REPRESENTED BY ITS PARTNER,
C.G. CHANDRAPPA,
AGED ABOUT 58 YEARS,
NO.180, MARUTHI NILAYA,
KANNUR, BANGALORE EAST TALUK,
BANGALORE- 562149.
7.M/S. SRI MUNESHWARA STONE CRUSHERS,
SY.NO. 424, 425, BAGALUR,
BANGALORE-NORTH, BANGALORE URBAN,
REPRESENTED BY ITS PROPRIETOR,
R.MUNE GOWDA S/O RAMAKRISHNAPPA,
AGED ABOUT 30 YEARS,
NO.27, MITTAGANAHALLI, KANNUR POST,
BANGALORE- 560 049.
8.M/S SREE VINAYAKA STONE CRUSHERS,
SY.NO.10/2, 7/1, MITAGANAHALLI,
BANGALORE-EAST, BANGALORE URBAN,
REP BY ITS PROPRIETOR,
M.CHIKKEGOWDA S/O MUNIPUTTAPPA,
AGED ABOUT 30 YEARS,
NO.11, MITAGANAHALLI, KANNUR POST,
BANGALORE- 560 049.
9.SRI CHANNAKESHAVA STONE CRUSHER,
SY.NO. 424, 131, BAGALUR,
BANGALORE-NORTH, BANGALORE URBAN,
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REPRESENTED BY ITS PROPRIETOR,
N.RAJENDRA, S/O DODDA NANJAPPA,
AGED ABOUT 39 YEARS,
NO.35, MITAGANAHALLI, KANNUR POST,
BANGALORE- 560 049.
10.M/S PATEL MUNEGOWDA STONE CRUSHER,
SY.NO.12, MITAGANAHALLI,
BANGALORE-EAST, BANGALORE URBAN,
REPRESENTED BY ITS PROPRIETOR,
CHANNAKRISHNEGOWDA,
AGED ABOUT 45 YEARS,
NO.12, MITAGANAHALLI,
KANNUR POST, BIDARAHALLI HOBLI,
BANGALORE EAST,
BANGALORE- 560 049.
11.M/S. OM SHAKTHI GRANITES,
SY.NO.2, MITAGANAHALLI,
BANGALORE-EAST, BANGALORE URBAN,
REPRESENTED BY ITS PROPRIETOR,
H.G.PRABHAKAR, S/O H.P.GURAPPAREDDY,
AGED ABOUT 52 YEARS,
DODDANEKKUNDI, KANNUR POST,
BANGALORE- 560 049.
12.M/S SRI MANJUNATHA STONE CRUSHER,
SY.NO.92, CHAGALAHATTI,
BANGALORE-NORTH, BANGALORE URBAN,
REPRESENTED BY ITS PROPRIETOR,
CHANNAKRISHNA S/O VENKATAPPA,
AGED ABOUT 52 YEARS,
NO.20, MITAGANAHALLI, KANNUR POST,
BANGALORE- 560 049.
13.M/S M.R.L.CRUSHERS,
SY.NO.2, MITAGANAHALLI,
BANGALORE-EAST, BANGALORE URBAN,
REPRESENTED BY ITS PROPRIETOR,
A.R.SHARIFF,
AGED ABOUT 50 YEARS,
NO.6, 6TH CROSS, II BLOCK, HBR LAYOUT,
BANGALORE- 560 043.
14.M/S S.L.N.STONE CRUSHERS,
SY.NO.2, MITAGANAHALLI,
BANGALORE-EAST, BANGALORE URBAN,
4
REPRESENTED BY ITS PARTNER,
KRISHNAMURTHY,
AGED ABOUT 48 YEARS,
NO.70/2, "SRI VINAYAKA", 60' ROAD,
AMAR JYOTHI LAYOUT, SANJAYNAGAR,
BANGALORE-560 094.
15.SRI VENKATESHWARA STONE CRUSHERS,
SY.NO.86, CHAGALATTI,
BANGALORE NORTH, BANGALORE URBAN,
REPRESENTED BY ITS PARTNER,
D.T.LOKAPPA S/O THIMMARSAPPA,
AGED ABOUT 33 YEARS,
DASARAGOUDARAPALYA,
VIDYAPEETHA POST, KENGERI,
BANGALORE-60.
16.SRI LAKSHMI KIRAN STONE CRUSHERS,
SY.NO.86, CHAGALATTI,
BANGALORE NORTH, BANGALORE URBAN,
REPRESENTED BY ITS PROPRIETOR,
B.N.SRINIVASA,
AGED ABOUT 35 YEARS,
NO.42, CHAGALATTI VILLAGE,
BANGALORE NORTH TALUK,
BANGALORE-49.
17.M/S NANDINI STONE CRUSHER,
SY.NO.271,P-1 AND 135, BAGALUR,
BANGALORE NORTH, BANGALORE URBAN,
REPRESENTED BY ITS PROPRIETOR,
C.MUNIRAJU S/O CHIKKA KEMPAIAH,
AGED ABOUT 40 YEARS,
D.NO. 18, HOSUR, KANNUR POST,
BANGALORE EAST,
BANGALORE- 560 049.
18.M/S POOJA STONE JELLY CRUSHER,
SY.NO.20, MITAGANAHALLI,
BANGALORE EAST, BANGALORE-URBAN,
REPRESENTED BY ITS PROPRIETOR,
M.MANOHAR S/O M.MUNIKRISHNAPPA,
AGED ABOUT 45 YEARS, NO.1655, 3RD CROSS,
KAMAKSHAMMA LAYOUT, YELAHANKA,
BANGALORE- 560 006.
5
19.M/S. ANJANEYA CRUSHER,
SY.NO.271, BAGALUR,
BANGALORE NORTH, BANGALORE-URBAN,
REPRESENTED BY ITS PROPRIETOR,
A.NARAYANSWAMY,
AGED ABOUT 42 YEARS,
BANDE HOSUR, KANNUR POST,
BANGALORE EAST,
BANGALORE- 560 049.
20.M/S. BALAJI STONE CRUSHER,
SY.NO.86, CHAGALAHATTI,
BANGALORE NORTH, BANGALORE-URBAN,
REPRESENTED BY ITS PROPRIETOR,
GAJENDRA BABU.K, S/O KARAGAPPA,
AGED ABOUT 35 YEARS,
D.NO.55, BANDE HOSUR,
KANNUR POST, BANGALORE EAST,
BANGALORE- 560 049.
21.M/S. MCS STONE CRUSHER,
SY.NO.4, MITAGANAHALLI,
BANGALORE-EAST, BANGALORE-URBAN,
REPRESENTED BY ITS PROPRIETOR,
P.CHANDRASHEKAR S/O PATALAPPA,
AGED ABOUT 35 YEARS,
NO.34, BANDE HOSUR,
KANNUR POST, BANGALORE EAST,
BANGALORE- 560 049.
22.M/S. VINAYAKA STONE CRUSHER,
SY.NO.271/P1,131,BAGALUR,
BANGALORE-NORTH, BANGALORE-URBAN,
REPRESENTED BY ITS PROPRIETOR,
RANGASWAMY.
S/O LATE KENGAPPA,
AGED ABOUT 48 YEARS,
D.NO.226/24, 4TH CROSS,
5TH MAIN, AGRAHARA LAYOUT,
YELAHANKA POST,
BANGALORE-04.
23.M/S V.R.R.STONE CRUSHER,
SY.NO.2P17, MITTAGANAHALLI,
BANGALORE EAST,
BANGALORE URBAN,
REP. BY ITS PROPRIETOR,
6
SRI.R.PRASHANTH,
S/O.V.RAJSHEKAR REDDY,
AGED ABOUT 23 YEARS,
NO.10, 2ND CROSS,
SRINIVASA GARDEN,
RMV 2ND STAGE,
BANGALORE-560094.
24.M/S S.L.N.STONE CRUSHER,
SY.NO.2, MITTGANAHALLI,
BANGALORE EAST,
BANGALORE URBAN,
REP. BY ITS PARTNER,
SRI.V.RAJSHEKAR REDDY,
S/O.R.VEEREGOWDA,
AGED ABOUT 55 YEARS,
NO.10, 2ND CROSS,
SRINIVASA GARDEN, RMV 2ND STAGE,
BANGALORE-560094.
25.SRI MANJUNATHA CRUSHER,
SY.NO.271, BAGALUR,
BANGALORE NORTH,
BANGALORE URBAN, REP. BY ITS PARTNER,
T.KISHORE S/O CHANNAKESHAVA,
AGED ABOUT 46 YEARS,
NO.2879, 14TH MAIN,
SUBRAMANYANAGARA, 2ND STAGE,
BANGALORE-560010.
26.M/S SIDDESHWARA STONE CRUSHER,
SY.NO.271/P/1, BAGALUR,
BANGALORE NORTH, BANGALORE,
REP. BY ITS PROPRIETOR, B.M.JAGADISH,
S/O.MUNISHAMAPPA BANTE,
AGED ABOUT 32 YEARS,
HOSUR, KANNUR POST,
BANGALORE EAST, BANGALORE URBAN,
BANGALORE-560049
27.SBL STONE CRUSHER,
SY.NO.4, MITTIGINAHALLI, KANNUR POST,
BANGALORE EAST TALUK,
BANGALORE URBAN DISTRICT,
REP. BY ITS PROPRIETOR,
K.ADVIRAJ,
S/O.KENCHAPPA,
7
AGED ABOUT 42 YEARS,
MITTIGINAHALLI, KANNUR POST,
BANGALORE EAST TALUK,
BANGALORE URBAN DISTRICT.
28.M/S SRI LAKSHMI STONE CRUSHERS,
NO.271, BAGALUR VILLAGE,
MITTEGENAHALLI POST,
BANGALORE NORTH TALUK,
BANGALORE URBAN DISTRICT,
REPRESENTED BY ITS PARTNER,
SRI.KRISHNA KUMAR,
AGED ABOUT 50 YEARS,
NO.271 & 424, BAGALUR VILLAGE,
MITTEGENAHALLI POST,
BANGALORE NORTH TALUK,
BANGALORE URBAN DISTRICT.
29.M/S SLN CRUSHERS,
SY.NO.86, CHAGALATTI,
BANGALORE NORTH TALUK,
BANGALORE URBAN,
REPRESENTED BY ITS PROPRIETOR,
SRI.NATARAJ.J,
AGED ABOUT 35 YEARS,
SY.NO.101/A, BAGALUR VILLAGE,
BANGALORE NORTH TALUK,
BANGALORE URBAN.
30.M/S SLN CRUSHER,
SY.NO.2 & 4, MITTAGANAHALLI,
BANGALORE NORTH TALUK,
BANGALORE URBAN,
REPRESENTED. BY ITS PROPRIETOR,
SRI.V.NARASHIMA MURTHY,
AGED ABOUT 41 YEARS,
SY.NO.101/A BAGALUR VILLAGE,
BANGALORE NORTH TALUK,
BANGALORE URBAN.
31.M/S. SRI.BASAVESHWARA STONE CRUSHER,
SY.NO.86, CHAGALATTI,
BANGALORE NORTH APARA,
BANGALORE URBAN DISTRICT,
REPRESENTED BY ITS PROPRIETOR,
SRI.PURASHOTHAM,
AGED ABOUT 39 YEARS,
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NO.40, BUDIGERE MAIN ROAD,
BAGALUR VILLAGE,
BANGALORE NORTH APARA,
BANGALORE URBAN DISTRICT.
32.M/S. SRI.VENKATSAI STONE CRUSHER,
SY.NO.2/P 3, MITTAGANAHALLI,
BANGALORE EAST,
BANGALORE URBAN,
REPRESENTED BY ITS PROPRIETOR,
SRI.K.VENKATESHWARA RAO,
S/O. LATE RANGAIAH,
AGED ABOUT 54 YEARS,
NO.11, 2ND G-MAIN,
MUTYALA NAGAR, GOKULA EXTENSION,
BANGALORE-560054.
33.M/S. LGA CRUSHERS,
SY.NO.8/1, 9/1, 9/2, MITTGANAHALLI VILLAGE,
KANNUR HOBLI,
BANGALORE-EAST TALUKA,
REPRESENTED BY ITS PARTNER,
SRI.ARVIND BALAJI,
S/O M.R.YOGESHWAR REDDY,
AGED ABOUT 45 YEARS,
SY.NO.8/1, 9/1, 9/2,
MITTGANAHALLI, KANNUR HOBLI,
BANGALORE-562149.
34.SLV STONE CRUSHER,
SY.NO.271/P-2, BAGALUR,
BANGALORE NORTH, BANGALORE URBAN,
REPRESENTED BY ITS PARTNER,
N.V.VENKATESH, S/O.VENKATASWAMY,
AGED ABOUT 45 YEARS,
HOSUR BANDE VILLAGE, KANNUR POST,
BANGALORE-562149.
31.GUJARAT STONE CRUSHER,
SY.NO.425, BAGALUR VILLAGE,
HOSUR BANDE, JALA HOBLI,
REP. BY ITS PROPRIETOR,
MAKWANA SABLESH S/O.JAYANTHI BHAI,
SY.NO.425, HOSUR BANDE, BAGALUR VILLAGE,
BANGALORE NORTH, BANGALORE URBAN.... PETITIONERS
(BY SRI: SYED SHAH ISMAIL QUADRI, ADV.)
9
AND:
1.STATE OF KARNATAKA,
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE-560001,
REPRESENTED BY ITS DIRECTOR.
2.THE KARNATAKA STATE POLLUTION CONTROL BOARD,
PARISARA BHAVAN, 4TH AND 5TH FLOOR,
NO.49, CHURCH STREET,
BANGALORE-560001.
REPRESENTED BY ITS CHAIRMAN.
3.THE DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
KANDAYA BHAVAN, K.G.ROAD,
BANGALORE-560 001.
4.BANGALORE ELECTRICITY SUPPLY COMPANY,
REP. BY ITS EXECUTIVE ENGINEER,
HEBBAL DIVISION,
BANGALORE URBAN-560 001.
... RESPONDENTS
(BY SRI: R.G.KOLLE, AGA, FOR R1 & R3, SRI.D.NAGARAJ,
ADV. FOR R2, SRI.N.K.GUPTA FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R1 TO R4 TO PERMIT THE PETITIONERS TO
CONTINUE THE STONE CRUSHING ACTIVITIES TILL THE
DISPOSAL OF THEIR APPLICATIONS FOR RENEWAL OF
LICENSES BY THE R2 & R3.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, NAGARATHNA,J., MADE THE
FOLLOWING:
ORDER
10 ORDER Nagarathna, J:
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. Sri N.Krishnananda Gupta, Advocate accepts notice for R4.
2. Heard the learned counsel for the parties.
3. It is submitted that the orders passed in favour of other petitioners in WP No.41069/2012 may be passed on the premise that the applications at Annexures H1 to H35 made by the petitioners have not yet been considered. Though the applications may have been made beyond three months for shifting to the safer zones, the respondents are directed to permit the operation by the petitioners at the present site till such time the applications are considered and disposed of by the Licensing Authority.
4. In this context, reliance could be placed on the order dated 21.11.2012 passed in WP No.41069/2012 which reads as follows:
"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 11 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 12 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."
5. In these circumstances, the closure order dated 30.08.2012 vide Annexure-G is quashed and the respondents are directed to consider the applications vide Annexures H1 to H35 made by the petitioners for renewal of licence and till then, to permit the petitioners to continue the stone crushing activities.
5. The Writ Petitions are allowed in the aforesaid terms.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE Sk/-