Karnataka High Court
D.Ramesh S/O T P Dorai Swamy vs Karnataka State Pollution Control ... on 3 January, 2013
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
-: 1 :-
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 03RD DAY OF JANUARY, 2013
PRESENT
THE HON'BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
W.P. Nos.52457-52523/2012 (GM-MM-S)
BETWEEN :
1.D.RAMESH,
S/O T.P.DORAI SWAMY,
AGED ABOUT 42 YEARS,
M/S. SHRI RAMA STONE CRUSHER,
SREE RAMANAGAR VILLAGE,
SHIMOGA TALUK & DISTRICT-577 201.
2.K.V.RAMASWAMY,
S/O VEERASWAMY,
AGED ABOUT 70 YEARS,
M/S. K.V.R. STONE CRUSHERS,
INDRA NAGAR, MUTTUR POST,
SHIMOGA TALUK AND DISTRICT 577 201.
3.RAMAKRISHNA SHEREGAR,
S/O SRINIVAS SHEREGAR,
AGED ABOUT 59 YEARS,
M/S. MANJUNATHA STONE CRUSHER,
HARIDRAVATHI, HOSNAGARA TALUK,
SHIMOGA DISTRICT 577 418.
4.M.CHANNAVEERIAH,
S/O SIDDALINGAHIA,
AGED ABOUT 75 YEARS,
M/S. SHREE VIGNESHWERE STONE CRUSHER,
SY.NO.7/1, DEVAKATHIKOPPA,
SHIMOGA TALUK AND DISTRICT 577 201.
-: 2 :-
5.B R MANJUNATHASETTY,
S/O B V RAMALINGASETTY,
AGED ABOUT 46 YEARS,
M/S THIRUMALA STONE CRUSHER,
DODDERI VILLAGE BHADRAVATHI,
SHIMOGA DISTRICT.
6.H D NAGARAJ,
S/O N K DANAPPA,
AGED ABOUT 57 YEARS,
M/S. VIVEK STONE CRUSHER,
SY NO.122, HUNSODU VILLAGE,
SHIMOGA TALUK AND DISTRICT 577 201
7.S.UMESH,
S/O U.SUBBA RAO,
AGED ABOUT 48 YEARS,
M/S. RAJESHWARY STONE CRUSHER,
SY NO 65, GEEJANAHALLI VILLAGE,
SHIMOGA TALUK AND DISTRICT 577 201.
8.G S SATHISH,
S/O N A SHANKAR NARAYANA PATEL,
AGED ABOUT 48 YEARS,
M/S. PATEL STONE CRUSHER,
SULEBILE VILLAGE,
SHIMOGA TALUK AND DISTRICT 577 201.
9.R C MADUSHEKAR,
S/O LATE R CHANDRASHEKARAPPA,
AGED ABOUT 39 YEARS,
M/S. SHIVA JELLI STONE CRUSHER,
SY NO 23, DEVATHIKOPPA VILLAGE,
SHIMOGA TALUK AND DISTRICT 577 201.
10.D SOMASUNDRAM,
S/O RAMANJANEYALU,
AGED ABOUT 53 YEARS,
M/S. DEVARAGUDI JELLI STONE CRUSHER,
SY NO 77/2, GEJJENAHALLI VILLAGE,
SHIMOGA TALUK AND DISTRICT 577 201.
-: 3 :-
11.P M KUNJU AHMAD,
S/O MOHAMAD,
AGED ABOUT 58 YEARS,
M/S. C.A. STONE CRUSHER,
SY NO 1, SULEBYLU VILLAGE,
SHIMOGA TALUK AND DISTRICT 577 201.
12.K SUBRAMANI,
S/O KANNAPPA,
AGED ABOUT 55 YEARS,
M/S. KAMAKSHI STONE CRUSHER,
SY NO 61/3, GEEJJANAHALLI VILLAGE ,
SHIMOGA TALUK AND DISTRICT 577 201.
13.T S RAMESH,
S/O T SRINIVAS,
AGED ABOUT 38 YEARS,
M/S. AMBIKA STONE CRUSHER,
SY NO 72, DEVAKATHIKOPPA VILLAGE,
SHIMOGA TALUK AND DISTRICT 577 201.
14.R PRASANNA,
S/O RAMUNAIDU,
AGED ABOUT 28 YEARS,
M/S. VENKATESHWARA
PRASANNA STONE CRUSHER,
GUDRAKOPPA VILLAGE,
SHIMOGA TALUK AND DISTRICT 577 201.
15.D S ABDUL REHAMAN,
S/O SHEKH AHAMAD,
AGED ABOUT 47 YEARS,
M/S. NATIONAL STONE CRUSHER,
SY NO 32, GEERUVALLI VILLAGE,
THIRTHAHALLI TALUK,
SHIMOGA DISTRICT 577 432.
16.T L SURESH,
S/O T LAKSMAIAH,
AGED ABOUT 52 YEARS,
M/S. SHIRADI SAI BABA
STONE CRUSHER,
MUDUGOLLI VILLAGE,
-: 4 :-
THIRTHAHALLI TALUK,
SHIMOGA DISTRICT 577 432.
17.GURUPRASAD KANCHI,
S/O SHIVARAM KANCHI,
AGED ABOUT 28 YEARS,
M/S. RENUKA PARAMESHWARI
ENTERPRIRSES,
SY NO 166/23, CHANRAGUTTI,
SORABA TALUK,
SHIMOGA DISTRICT 577 101.
18.SREEDAR HEGDE,
S/O H ANANDA SHETTY,
AGED ABOUT 42 YEARS,
M/S. MARUTHI STONE CRUSHER,
SY NO 113, BANNUR VILLAGE,
SHIKARIPURA TALUK,
SHIMOGA DISTRICT 577 427.
19.G N SHETTY,
S/O NARAYANA SHETTY,
AGED ABOUT 70 YEARS,
M/S. GOWRI STONE CRUSHER,
SY NO 61/2, JAKATIKOPPA VILLAGE,
SHIMOGA TALUK AND DISTRICT 577 201.
20.M.RAMU,
S/O MARA BHOVI,
AGED ABOUT 60 YEARS,
M/S PARWATHI STONE CRUSHER,
SY.NO.23, GUDOURKOPPA VILLAGE,
SHIMOGA TALUK & DISTRICT-577201.
21.MAQMOOR,
S/O NAWABJAN,
AGED ABOUT 44 YEARS,
M/S DAIMAND STONE CRUSHER,
SY.NO.06, SULEBYLE VILLAGE,
SHIMOGA TALUK & DISTRICT-577201.
22.PALINI SINAMY,
S/O RAMASWAMY,
-: 5 :-
AGED ABOUT 41 YEARS,
M/S VENKATESHWARA STONE CRUSHER,
SY.NO. 169, MATHUR VILLAGE,
SHIMOGA TALUK & DISTRICT-577201.
23.SHANMUKA,
S/O NATESHAPPA,
AGED ABOUT 42 YEARS,
M/S GANANATHA STONE CRUSHER,
SY.NO. 79/P2, GEJJANAHALLI VILLAGE,
SHIMOGGA TALUK & DISTRICT-577201.
24.SHIVALINGA.B,
S/O BANAGARAPPA,
AGED ABOUT 34 YEARS,
M/S VIGNESHWARA STONE CRUSHER,
SY.NO. 798, MANDENAKOPPA VILLAGE,
SHIMOGA TALUK & DISTRICT-577201.
25.V RANGANATHA,
S/O VENKATACHALA,
AGED ABOUT 57 YEARS,
M/S VIGNESHWARA SWAMY STONE CRUSHER,
SY.NO. 167, SANTEKADUR VILLAGE,
SHIMOGGA TALUK & DISTRICT-577201.
26.H V GURURAJ,
S/O H M VISHWANATH,
AGED ABOUT 38 YEARS,
M/S VISWPARI STONE CRUSHER,
SY.NO.1, KALLAGANGUR VILLAGE,
SHIMOGA TALUK & DISTRICT-577201.
27.M G BHAGYA,
W/O MOHANREDDY,
AGED ABOUT 30 YEARS,
M/S BHAGYALAKSHMI STONE CRUSHER,
SY.NO. 134/1, GEJJANAHALLI VILLAGE,
SHIMOGA TALUK & DISTRICT-577201.
28.SADIQ ULLAH KHAN,
S/O KHARIM KHAN,
AGED ABOUT 27 YEARS,
-: 6 :-
M/S K K STONE CRUSHER,
SY.NO.2/1, SULEBYLE VILLAGE,
SHIMOGA TALKUK & DISTRICT-577201.
29.H R RAMESH,
S/O H RAMEGOWDA,
AGED ABOUT 44 YEARS,
M/S SRI RAMA STONE CRUSHER,
SANTHE KADUR VILLAGE,
SHIMOGA TALUK & DISTRICT-577201.
30.HARISH H S,
S/O SHIVALINGAPPA,
AGED ABOUT 34 YEARS,
M/S H S R STONE CRUSHER,
SY.N. 141, THIRTHAPPA CAMP,
MATHUR (PO),
SHIMOGA TALUK & DISTRICT-577201.
31.SMT KUJULA,
W/O D SUBRAMANI,
AGED ABOUT 54 YEARS,
M/S K S D STONE CRUSHER,
SY.NO.11/2 DEVAKATHIKOPPA,
KOTEGENGUR (PO),
SHIMOGA TALUK & DISTRICT-577201.
32.M D SUBRAMANI,
S/O DORISWAMI,
AGED ABOUT 60 YEARS,
M/S M D S STONE CRUSHER,
SY.NO. 10, DEVAKATHIKOPPA,
SHIMOGA TALUK & DISTRICT-577201.
33.P VENKATESH,
S/O M PERUMAL NAIDU,
AGED ABOUT 49 YEARS,
M/S MANJUNATHA STONE CRUSHER,
SY.NO.97, JAMBARGHATTA,
SHIMOGA DISTRICT-577201.
34.D SUGANDHI,
W/O N MANJUNATH,
-: 7 :-
AGED ABOUT 45 YEARS,
M/S PATHIBHA STONE CRUSHER,
GEJJANAHALLI,
SHIMOGA DISTRICT-577201.
35.H M RAVIKUMAR,
S/O H MURIGEPPA,
AGED AOUT 47 YEARS,
M/S AREKALLAM STONE CRUSHER,
SY.NO. 134/3, BASAVANGANGUR,
SHIMOGA TALUK & DISTRICT-577201.
36.KRISHNA GIRI,
S/O NARAYANA GIRI,
AGED ABOUT 58 YEARS,
M/S RANGANATHA STONE CRUSHER,
BABALLI VILLAGE, BHADRAVATHI TALUK,
SHIMOGA DIST-577301.
37.J E PRASHANTH,
S/O J.ESHWARAPPA,
AGED ABOUT 35 YEARS,
M/S THIRTHARAMESHWARA STONE CRUSHER,
SY.NO. 77/1, GIJENAHALLI,
SHIMOGA TALUK & DIST-577201.
38.P SEVA KUMAR,
S/O M PERUMAL NAIDU,
AGED ABOUT 44 YEARS,
M/S GUDDAKAL KUMARSWAMY STONE CRUSHER,
SY.NO.14, GUDOURKOPPA,
SHIMOGA TALUK & DIST-577201.
39.S MANJUNATHA,
S/O N SUBRAMANI,
AGED ABOUT 35 YEARS,
M/S SHABARISH STONE CRUSHER,
SY NO.75/P5, GIJJENAHALLI VILLAGE,
SHIMOGA TALUK AND DIST-577201.
40.P BABU,
S/O M PERUMALA NAIDU,
AGED ABOUT 40 YEARS,
-: 8 :-
M/S M T L BABU STONE CRUSHERS,
SY NO.134/2, GEJJENHALLI,
SHIMOGA TALUK AND DIST-577201.
41.ASHWATH KUMAR,
W/O MARATHANDAPPA,
AGED ABOUT 45 YEARS,
M/S MARUTHI STONE CRUSHER,
SY NO.14, SULEBYLU,
SHIMOGA TALUK AND DIST-577201.
42.A B GUTTEDAR,
S/O BALAIAH GUTTEDAR,
AGED ABOUT 60 YEARS,
M/S A B GUTTEDAR STONE CRUSHER,
JAMBARGATTA VILLAGE, BHADRAVATHI TALUK,
SHIMOGA DIST-577301.
43.P RAGHU KUMAR,
S/O M PERUMAL NAIDU,
AGED ABOUT 42 YEARS,
M/S SELVA KUMAR STONE CRUSHER,
SY NO.135, HASUDI VILLAGE,
SHIMOGA TALUK AND DIST-577201.
44.M RAJA,
S/O MARA SWAMY,
AGED ABOUT 39 YEARS,
M/S JAYALAKSHMI STONE CRUSHER,
SY NO.51, KALLANGANGUR VILLAGE,
SHIMOGA TALUK AND DIST-577201.
45.S RAVI SHANKER,
S/O G SHANMUGAM,
AGED ABOUT 43 YEARS,
M/S RENUKAKAMBA STONE CRUSHER,
SY NO.79/P2, GEJJENAHALLI,
SHIMOGA TALUK AND DIST-577201.
46.R CHANDRAKALLA,
W/O P RAGHU KUMAR,
AGED ABOUT 38 YEARS,
M/S M P L NAIDU STONE CRUSHER,
-: 9 :-
ARAHATOTALU, BHADRAVATHI TALUK,
SHIMOGA DIST-577301.
47.D RAJASHEKARAPPA,
S/O DORAI SWAMI,
AGED ABOUT 52 YEARS,
M/S SHI RAJ STONE CRUSHER,
SY NO.6, SULEBYLU,
SHIMOGA TALUK AND DIST-577201.
48.JAYAKANNA,
S/O ADIMADAN,
AGED ABOUT 65 YEARS,
M/S MANISH STONE CRUSHER,
SY NO.23/21, DEVAKATTI KOPPA,
SHIMOGA TALUK AND DIST-577201.
49.J PRAMILA,
W/O MUNISWAMY,
AGED ABOUT 45 YEARS,
M/S TUNGA CONCER BLOCK AND STONE CRUSHER,
SY NO.164/6, SOGANE,
SHIMOGA TALUK AND DIST-577201.
50.M CHETAN,
S/O LATE MANI,
AGED ABOUT 35 YEARS,
M/S PUSHPA STONE CRUSHER,
SY NO.14, SULEBYLU,
SHIMOGA TALUK AND DIST-577201.
51.G VASU,
S/O GOVINDA SWAMY,
AGED ABOUT 63 YEARS,
M/S S B STONE CRUSHER,
SY NO.99/2, GEJJENHALLI,
SHIMOGA TALUK AND DIST-577201.
52.G RANGANATH,
S/O GOVINDA SWAMY,
AGED ABOU 61 YEARS,
M/S RANGANATHA STONE CRUSHER,
-: 10 :-
SY NO.632, SANTEKADUR,
SHIMOGA TALUK AND DIST-577201.
53.MURUGENDAPPA PATIL,
C/O J GURUBASAPPA SHETTY,
AGED ABOUT 45 YEARS,
M/S ATHANI METALS,
SY NO.124/2, BASAVANAGANGURU,
SHIMOGA TALUK AND DIST-577201.
54.M CHETAN KUMAR,
S/O LATE MANI,
AGED ABOUT 35 YEARS,
M/S PUSHPA STONE CRUSHER,
SY NO.97, JAMBARGHATTA HOLEHONNUR,
BHADRAVATHI TALUK,
SHIMOGA DIST-577301.
55.D MANI,
S/O DAMODAR,
AGED ABOUT 23 YEARS,
M/S DAMODAR STONE CRUSHER,
MATHODU,
SHIMOGA TALUK AND DIST-577201.
56.M SUBRAMANI,
S/O N MUNISWAMI,
AGED ABOUT 62 YEARS,
M/S N M S STONE CRUSHER,
SY NO.14, GEJJENHALLI,
SHIMOGA TALUK AND DIST-577201.
57.V VIJAYA,
W/O A VIJAYAN,
AGED ABOUT 52 YEARS,
M/S RAGAVENDRA STONE CRUSHER,
SY NO.8/2, KALLUGANGUR,
SHIMOGA TALUK AND DIST-577201.
58.SHARADA PURYA NAIK,
W/O PURYA NAIK,
AGED ABOUT 42 YEARS,
M/S. PAWAN STONE CRUSHER,
SY. NO. 93/2,
-: 11 :-
HUNASODU,
SHIMOGA TALUK & DIST-577 201.
59.B.RUDRAPPA,
S/O K BASAPPA ,
AGED 55 YEARS,
M/S.VIJAYALAKSHMI STONE CRUSHER,
SY. NO.25, JAMBARGHATTA,
BHADRAVATHI TALUK,
SHIMOGA DIST-577 301.
60.D SHASHIDHARAN,
AGED ABOUT 59 YEARS,
S/O V DAMODHARAN,
M/S. MOOKAMBIKA STONE CRUSHER,
SY.NO.217, MUDUKOPPA VILLAGE,
HOSNAGAR TALUK, SHIMOGA DIST-577 418.
61.H B KALYANAPPA GOWDA,
AGED ABOUT 62 YEARS,
S/O BHADRE GOWDA,
M/S KALIKAMBA STONE CRUSHER,
SY. NO.95, MASAGALLI VILLAGE,
HOSNAGAR TALUK, SHIMOGA DIST-577 418.
62.KALYANA KUMAR,
S/O NAGAPPA,
AGED ABOUT 40 YEARS,
M/S SIGANDURESHWARI STONE CRUSHER,
KODUR VILLAGE, HOSNAGAR TALUK,
SHIMOGA DIST-577 418.
63.GURUPRASAD,
S/O BASVALIGAPPA,
AGED ABOUT 38 YEARS,
M/S GURUKRUPA STONE CRUSHER,
SY. NO. 74, MASAGALLI VILLAGE,
HOSNAGAR TALUK,
SHIMOGA DIST-577 418.
64.PRASHAN K S,
S/O LATE K G SHIVAPPA,
AGED ABOUT 36 YEARS,
-: 12 :-
M/S RENUKAMBA STONE CRUSHER,
SY. NO. 40, PUNAJE VILLAGE,
HOSNAGAR TALUK, SHIMOGA DIST-577 418.
65.C.NIRMALA,
W/O LATE VIJAYAKUMAR,
AGED ABOUT 35 YEARS,
M/S MAHAGANAPATHI STONE CRUSHER,
SY. NO. 97, JAMBARGATTA,
BHADRAVATHI TALUK,
SHIMOGA DIST-577 301.
66.C. NIRMALA,
W/O LATE VIJAYAKUMAR,
AGED ABOUT 35 YEARS,
M/S. S. SABETHADEVI STONE CRUSHER,
SY.NO.97, JAMBARGATTA,
BHADRAVATHI TALUK,
SHIMOGA DIST-577301.
67.ABDUL RASHID,
S/O RASHID,
AGED ABOUT 35 YEARS,
M/S. RASHID STONE CRUSHER,
SY. NO.97, JAMBARGATTA,
BHADRAVATHI TALUK,
SHIMOGA DIST-577301.
... PETITIONERS
(BY SRI: A.MAHAMMED TAHIR, ADV.)
AND:
1.KARNATAKA STATE POLLUTION CONTROL BOARD,
"PARISARA BHAVAN", 1ST TO 5TH FLOOR,
#49, CHURCH STREET,
BANGALORE,
REPRESENTED BY ITS CHAIRMAN.
2.THE STATE OF KARNATAKA,
DEPARTMENT OF ENVIRONMENT & ECOLOGY,
VIKAS SHODHA,
REPRESENTED BY ITS SECRETARY,
BANGALORE.
-: 13 :-
3.THE DEPUTY COMMISSIONER,
SHIMOGA,
SHIMOGA DISTRICT-577201.
4.SENIOR ECOLOGIST,
DEPARTMENT OF MINES & ECOLOGY,
SHIMOGA DIST,
SHIMOGA-577201..
5.THE MANAGING DIRECTOR,
MANGALORE ELECTRICITY SUPPLY COMPANY,
MANGALORE.
6.THE EXECUTIVE ENGINEER/
ASSISTANT EXECUTIVE ENGINEER,
MANGALORE ELECTRICITY SUPPLY COMPANY,
SHIMOGA DIVISION,
SHIMOGA-577201. ... RESPONDENTS
(BY SRI: D.NAGARAJ, ADV. FOR R1, SRI.R.G.KOLLE, AGA, FOR
R2 TO R4, SRI.N.K.GUPTA, ADV. FOR R5 & R6)
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER ANN-B, DT.10.12.12 ISSUED BY THE R1, &
ALL FURTHER PROCEEDINGS IN PURSUANT THEREOF.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, NAGARATHNA J., MADE THE
FOLLOWING:
-: 14 :-
ORDER
NAGARATHNA J., Sri D.Nagaraj, learned Advocate accepts notice for Respondent No.1, Sri R.G.Kolle, learned AGA accepts notice on behalf of respondent Nos.2 to 4. Sri N.Krishnananda Gupta, learned Advocate accepts notice for Respondent Nos.5 and 6.
2. In these writ petitions, the petitioners have assailed the order dated 10/12/2012, passed by the respondent No.2 [Annexure "B"].
3. We have heard the learned counsel on both sides.
They state in unison that this writ petition could be disposed of in terms of the orders dated 21/11/2012 passed in W.P.No.41069/2012 and W.P.Nos.41515- 528/2012. The submission of the learned counsel is placed on record. The order dated 21/11/2012 reads as under:-
-: 15 :-"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 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 -: 16 :- 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 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.
-: 17 :-5. With these observations, the Petition is allowed and Annexure-H dated 5.9.2012 is quashed."
4. In the instant case, by the impugned direction dated 10/12/2012, respondent No.3 has been directed by respondent No.1 to close down the stone crusher units run by the petitioners though the petitioners were running their units after obtaining permission. It is the case of the petitioners that safer zones have already been declared in respect of Sorab & Hosnagar Taluk in Shimoga Dist. but in the other Taluks, the safer zones are yet to be notified. In the instant case, the aforesaid order is squarely applicable to these cases also. Wherever the closure orders are issued and wherever the safer zones have been notified, the petitioners are at liberty to make an application for renewal of the Stone Crushing Licence, if not already made within a period of seven days from the date of receipt of a certified copy of this order.
-: 18 :-5. In the circumstances, the respondent - authorities are directed to consider the petitioners applications wherever made in accordance with law. The petitioners are permitted to continue the stone crushing units in the present location till the disposal of their applications.
Accordingly, order dated 10/12/2012 (Annexure "B") is quashed. Writ petitions are allowed in the aforesaid terms.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE *mvs Index: Y/N