Karnataka High Court
Santhosh Veerayya Hiremath S/O ... vs The Deputy Commissioner on 4 June, 2013
Bench: Chief Justice, B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 04TH DAY OF JUNE, 2013
PRESENT
THE HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
W.P.No.75970/2013 (GM-RES)
BETWEEN:
SANTHOSH VEERAYYA HIREMATH,
S/O VEERAYYA,
PROPRIETOR OF FAKKIRESHWARA
STONE CRUSHERS & CEMENT
HOLLOW BLOCKS,
AGED ABOUT 35 YEARS,
R/O.CHATRA, BYADAGI TALUK,
HAVERI DISTRICT. ... PETITIONER
(BY SRI: M.V.HIREMATH & SRI.V.S.KALASURMATH, ADVS.)
AND:
1.THE DEPUTY COMMISSIONER,
HAVERI DISTRICT,
HAVERI.
2.THE SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT OF KARNATAKA,
M.S.BUILDINGS, BANGALORE. ... RESPONDENTS
(BY SRI: R.G.KOLLE, AGA)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. DIRECT
THE RESPONDENT NO.1 TO CONSIDER THE REQUEST OF THE
PETITIONER FOR EXTENDING/RENEWING THE LEASE PERIOD
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FOR A FURTHER PERIOD OF 5 YEARS AS PER THE
REPRESENTATION OF THE PETITIONER-ANNEXURES-G AND G1.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
ORDER
1. Sri R.G.Kolle, learned AGA takes notice for Respondents.
2. In this writ petition, the petitioner has sought a direction to the respondents to consider the petitioner's applications dated 09/06/2012 and 05/10/2012 (Annexure "G" and "G1") for extending/renewing the lease period to run his stone crushing unit in the safer zone for a further period of five years and to permit him to continue the stone crushing unit in the present location till such time the applications are considered.
3. It is the case of the petitioner that he has a stone crusher unit at Sy.No.18/A of Chatra village, Byadagi Taluk, Haveri District. That pursuant to the directions of this Court as well as the Hon'ble Supreme Court, in the case of Obayya Pujari, safer zones for location of stone 3 crushing units had to be notified and the same have been notified. That the petitioner has made applications for grant of licence to the stone crushing unit in the safer zone but the said licence has not yet been granted. Therefore, the grievance of the petitioner is that on the one hand the allotments in the safer zones have not been made by the respondent - authorities and on the other hand he is not able to pursue stone crushing activity in the existing location, as a result, his business has come to a standstill.
4. Having regard to the prayers made in the writ petition, we are of the view that this writ petition can be disposed of in terms of the orders passed in the earlier writ petitions in W.P.Nos.40894-956/2012 and W.P.No.11543/2013. The first of the writ petitions pertain to Shimoga District, in which, safer zones have been identified as in the instant case.
5. In terms of sub-section (2) of Section 3 of the Karnataka Regulation of Stone Crushers Act, 2011 ("Act", for short), the applications have to be considered within a 4 period of three months from the date of receipt of the application by the Licencing Authority. On grant of a licence by the Licencing Authority as per sub-section (3) of Section 3 of the Act, sub-section (4) of Section 3 provides that the existing stone crusher unit shall shift to the safer zones within six months.
6. In fact, Section 3 of the Act which prescribes the time frame is extracted for felicity of reference:-
"3. Stone crushers to obtain license:- (1) No person shall carry on the business of stone crushing in the State except under and in accordance with the terms and conditions of a license issued under this Act.
(2) Any person who is carrying on the business of stone crusher on the date of commencement of this Act with a license issued by any authority shall apply to the Licencing Authority for a license under section 4 of the Act within three months from the date of declaration of safer zone under section 6.5
(3) On receipt of the application made under sub-section (2), the existing stone crusher units may be allowed to function till the grant or refusal of the license under the provisions of this Act or till three months from the date of receipt of application within which time the licensing authority shall dispose of such application after due verification of the location and fulfillment of other conditions of licence. (4) On grant of licence under sub-section (3), the existing stone crushers shall be shifted to the safer zone within six months."
7. The purpose of the said section is to ban all stone crushing units in the State, except those which carry on the business of stone crushing as per the terms and conditions of the licence issued under the Act. Section 4 speaks about the application for licence, Section 5 says that the term of licene is for a period of three years and may be renewed for a further period of three years, subject to fulfillment of conditions laid down under the Act or the Rules made there under. The explanation states that where a licence has been granted in the middle of a 6 year, for the purpose of computing the term of licence, the remaining part of the year shall be deemed to be a year.
8. Sub-section (2) of Section 3 states that if any person is carrying on the business of stone crusher on the date of commencement of this Act with a licence issued by any authority shall apply to the Licencing Authority for a licence under Section 4 of the Act within three months from the date of declaration of safer zone under Section 6. So, within a period of three months the application would have to be made. Three months time is granted to consider the said application.
9. In the circumstances, the petitioner is at liberty to file an application for grant of licence in the safer zone within a period of two weeks from the date of the certified copy of this order. If such an application is made, the respondent - authorities are directed to consider the same in accordance with law. Till then, no permission can be granted to the petitioner to carry on his stone crushing activity in the present location. However, the 7 respondent - authorities are directed to consider the representations made by the petitioner, which are at Annexure "G" and "G1", strictly in accordance with Section 7 of the Act and to pass necessary orders on the same expeditiously. In case the petitioner's unit falls within the scope of Section 7 of the said Act, then to pass orders in terms of the said section and also having regard to the other provisions of the said Act. The writ petition is accordingly, disposed of. In case the petitioner has any other grievances, he is at liberty to file fresh writ petition.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE *mvs Index: Y/N