Karnataka High Court
Suresh S vs State Of Karnataka on 16 December, 2013
Bench: Chief Justice, S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 16TH DAY OF DECEMBER, 2013
PRESENT
THE HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA
W.P.No.35380/2013 (GM-MM-S) PIL
BETWEEN:
1. SURESH .S
S/O SOMEGOWDA
OCC: AGRICULTURIST,
AGED ABOUT 56 YEARS
R/O NAMBIHALLI,
DADIGHATTA VILLAGE,
CHANNARAYAPATNA TALUK.
2. D.C.LAXMAN
S/O LATE CHIKKEGOWDA
AGED ABOUT 63 YEARS
R/O DADIGHATTA VILLAGE,
SRAVANABELAGOLA HOBLI
CHANNARAYAPATNA TALUK-571136
OCC: LIC AGENT
3 D.C.KUMAR
S/O CHIKKEGOWDA
AGED ABOUT 30 YEARS
R/O DADIGHATTA VILLAGE,
CHANNARAYAPATNA TALUK-571136
OCC: AGRICULTURIST.
4. D.A.DODDEGOWDA
S/O LATE ARASEGOWDA
AGED ABOUT 53 YEARS
R/O DADIGHATTA VILLAGE,
2
CHANNARAYAPATNA TALUK-571136
OCC: AGRICULTURIST
5. D.N.BASAVARAJU
S/O NANJEGOWDA
AGED ABOUT 47 YEARS
R/O DADIGHATTA VILLAGE,
CHANNARAYAPATNA TALUK-571136
OCC: AGRICULTURIST
6. D.M.NAGARAJ
S/O MARIYAPPA
AGED ABOUT 45 YEARS
R/O DADIGHATTA VILLAGE,
CHANNARAYAPATNA TALUK-571136
OCC: AGRICULTURIST
7. NANJEGOWDA @ TAMMANNA
S/O GURUVEGOWDA
AGED ABOUT 56 YEARS
R/O DADIGHATTA VILLAGE,
CHANNARAYAPATNA TALUK-571136
OCC: AGRICULTURIST
8. NANJUNDAPPA
S/O DEVEGOWDA
AGED ABOUT 50 YEARS
R/O MEMBER GRAMA PANCHAYAT
BETTADAHALLI VILLAGE
CHANNARAYAPATNA TALUK-571136
OCC: AGRICULTURIST
9. PUJARI NAGANNA
S/O NANJEGOWDA
AGED ABOUT 50 YEARS
R/O BETTADAHALLI VILLAGE,
CHANNARAYAPATNA TALUK-571136
OCC: AGRICULTURIST
10.CHINNASWAMY
S/O KENGAPPA
AGED ABOUT 40 YEARS
R/O BYADARAHALLI VILLAGE,
3
CHANNARAYAPATNA TALUK-571136
OCC: AGRICULTURIST
11.B.C.NAGARAJ
S/O CHIKKEGOWDA
AGED ABOUT 45 YEARS
R/O BYADARAHALLI VILLAGE,
CHANNARAYAPATNA TALUK-571136
OCC: AGRICULTURIST
12.VASU
S/O KODIGOWDA
R/O JUTTUNAHALLI POST,
BYADARAHALLI VILLAGE,
SRAVANABELOGOLA TALUK-573201
OCC: AGRICULTURIST
13.M.K. CHANDRAKANT
S/O LINGEGOWDA
R/O MALLENAHALLI
JUTTUNAHALLI POST,
BYADARAHALLI VILLAGE,
SRAVANABELOGOLA TALUK-573201.
OCC: AGRICULTURIST. ... PETITIONERS
(BY SRI.VINAYAKA B., ADV., FOR
SRI ABHIJIT HARANAHALLI, ADV.,)
AND
1. STATE OF KARNATAKA,
DEPARTMENT OF FOREST
AND ENVIRONMENT,
REP. BY ITS SECRETARY,
M.S. BUILDING,
BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTICT,
HASSAN-573201.
3. THE TAHASILDAR
4
CHENNARAYAPATNA TALUK
CHENNARAYAPATNA -571136
HASSAN DISTRICT
4. SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY,
HASSAN-573201
5. KARNATAKA STATE POLLUTION CONTROL BOARD
PARISARA BHAVAN,
PLOT NO.1-A, B. KATIHALLI INDUSTRIAL AREA,
B.M. ROAD, HASSAN -573 201,
REP. BY REGIONAL OFFICER.
6. DISTRICT STONE CRUSHERS REGULATION
COMMITTEE,
HASSAN DISTRICT,
HASSAN -571136
REP BY ITS CHAIRMAN / DEPUTY COMMISSIONER,
HASSAN. 571136.
7. JOINT DIRECTOR,
DEPARTMENT OF INDUSTRIES,
HASSAN-571136.
8. RATNA STONE CRUSHERS,
REP. BY RAJU,
S/O ARASEGOWDA,
DADIGHATTA VILLAGE,
CHENNARAYAPATNA TALUK-571136
HASSAN DISTRICT.
9. LOKESHWARA STONE CRUSHERS,
REP. BY ITS PROPRIETOR,
BETTADAHALLI,
DADIGHATTA POST,
CHANNARAYAPATNA TALUK-571136
HASSAN DISTRICT.
10.S.M.H. STONE CRUSHERS,
REP. BY ITS PROPRIETOR
BETTADAHALLI
DADIGHATTA POST
5
CHENNARAYAPATNA TALUK-571136
HASSAN DISTRICT
11.MARUTI STONE CRUSERS,
REP. BY ITS PROPRIETOR,
BETTADAHALLI,
DADIGHATTA POST,
CHENNARAYAPATNA TALUK-571136
HASSAN DISTRICT.
12. BYRAVESHWARA STONE CRUSHING INDUSTRIES,
REP. BY ITS PROPRIETOR,
BETTADAHALLI,
DADIGHATTA POST,
CHENNARAYAPATNA TALUK-571136,
HASSAN DISTRICT.
... RESPONDENTS
(BY SRI G.NARENDAR, AGA FOR R1 TO 4, R 6 & R7
R-5, R-8, R-9, R-10 AND R-12 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED NOTIFICATION DATED 26.10.2012
ISSUED BY THE DEPUTY COMMISSIONER, HASSAN
DISTRICT, VIDE ANNEXURE - "A" IN SO FAR AS
DECLARING AND IDENTIFYING 18 ACRES OF LAND IN
DADIGATTA VILLAGE OF CHANNARAYAPATNA TQ., AS
SAFER ZONE FOR RUNNING STONE CRUSHERS.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER
1. The residents of Dadighatta village, Bettadahalli village and surrounding hamlets have come up in this writ petition impugning the notification dated 26.10.2012 issued by respondent No.2 identifying and 6 declaring 18 Acres of land in Sy. No.181 of Dadighatta Village, Channarayapatna Taluk, as Safer Zone for running stone crushers and also sought direction to the respondents to take action to stop the stone crushing activities carried on by respondent Nos.8 to 12 and other stone crushers.
2. This writ petition is filed on the premise that respondent Nos.8 to 12 and several other stone crushers are carrying out stone crushing activity illegally in and around Sy. Nos.181 and 214 of Dadighatta village, where there are two temples, several residential houses and agricultural lands situated within half a kilometer from the place where respondent Nos.8 to 12 and others have been carrying on stone crushing activity. It is also contended that stone crushing activity is carried out in land granted under the Land Grant Rules in violation of the conditions of land grant.
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3. In this proceeding, on service of notice, on behalf of respondent Nos.1 to 4, 6 and 7, the learned Government Advocate entered appearance and filed statement of objections on behalf of the State inter alia contending that in Sy. No.181 in Dadighatta village, which is a Gomal land ad-measuring 415 Acres and 24 guntas, only an extent of 18 Acres of land, which is adjacent to rocky hill, has been declared as Safer Zone by respondent No.2 for running stone crushers as could be seen from Ex.R1, the village map of Dadighatta village. In the objections statement, it is also pointed out that the safer zone is located in the line of south- westerly winds so as to ensure that any residual dust that may escape the filtering system would be blown away from the habitats. It is also demonstrated that Dadighatta Village is situated more than a kilometer from the periphery of Safer Zone as against distance of half a kilometer stated in the writ petition and that the hamlet Bettadahalli is situated at about 1½ KMs., from Dadighatta Village. It is denied that there are two temples, residential houses and agricultural lands 8 within half a kilometer from Safer Zone. As rightly pointed out in the statement of objections, the petition does not clearly give particulars or details pertaining to the alleged temples or residential houses or agricultural lands situated within half a kilometer range from the designated Safer Zone. It is seen from the averments in the writ petition as well as the objections statement that all the allegations, which are made by the petitioners claiming themselves to be the residents of Dadighatta village and other nearby hamlets are self serving and contrary to the factual position. Annexure 'R1', the village map of Dadighatta and adjoining hamlets, clearly indicates that the place where stone crushing activity is carried on in the appointed Safer Zone is far away from the village and adjoining hamlets and closer to the rocky hill, where the required raw material for crushing activity is available and that 18 Acres of land, which is identified as Safer Zone is at the eastern boundary of Sy. No.181 abutting the adjacent village. Therefore, this clearly indicates that the formation of Safer Zone in Sy. No.181 of Dadighatta village is in 9 accordance with the regulations, which prescribe the precautions to be taken by the competent authority while declaring the area as Safer Zone and that there is no violation of any of the provisions of the Karnataka Regulation of Stone Crushers Act, 2011, under which, the notification is issued, designating 18 Acres of land in Sy. No.181 of Dadighatta village as Safer Zone.
4. In that view of the matter, no ground is made out to interfere with the decision of the second respondent in identifying and declaring Safer Zone in terms of Annexure `A`.
Accordingly, this Writ Petition is dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE sma