IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.6441 OF 2019 AND WRIT PETITION NOS.9657-9660 OF 2019 (GM-MMS) BETWEEN:
DIAMOND M SAND NO.47/2, YOGA APARTMENT BASAVANAGUDI SUBBARAMA CHETTY ROAD BENGLAURU – 560 004.
REPRESENTED BY ITS MANAGING PARTNER K. MOHAN KUMAR S/O SRI V. KESHAVALU NAIDU AGED ABOUT 43 YEARS RESIDING AT NO.08, 4TH ‘A’ CROSS I.T.I. COLONY KATHRIGUPPE MAIN ROAD BENGALURU – 560 085.
... PETITIONER (BY SRI JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI MADANGOUDA N. PATIL, ADVOCATE) AND:
1. THE STATE GOVERNMENT OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES, SMALL SCALE INDUSTRIES & TEXTILES) VIKASA SOUDHA, BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA AND THE CHAIRMAN, DISTRICT STONE CRUSHER LICENSING & REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
4. THE SUPERINTENDENT OF POLICE CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA AND THE MEMBER DISTRICT STONE CRUSHER LICENSING & REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA AND THE MEMBER, DISTRICT STONE CRUSHER LICENSING & REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
6. THE DEPUTY CONSERVATOR OF FOREST, DEPARTMENT OF FOREST CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA AND THE MEMBER DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
7. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA AND MEMBER SECRETARY DISTRICT STONE CRUSHER LICENSING & REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
8. THE SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, NO.49, CHURCH STREET BENGALURU – 560 001 AND MEMBER SECRETARY DISTRICT STONE CRUSHER LICENSING & REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
9. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY AND MEMBER SECRETARY, DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
10. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY ROOM NO.S.A. 10, 2ND FLOOR JILLADALITHA BHAVANA PATRENAHALLI CHIKKABALLAPURA – 562 101 AND MEMBER SECRETARY, DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
... RESPONDENTS (SRI V.G. BHANUPRAKASH, AGA FOR R1-R4, R6, R7, R9 & R10; SRI B.J. SOMAYAJI, ADVOCATE FOR R5; SRI D. NAGARAJ, ADVOCATE FOR R8) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER / FORM-D DATED 26.05.2018 PASSED BY THE R-3 DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA AND THE CHAIRMAN, DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA – 562 101 REJECTING THE PRAYER OF THE PETITIONER FOR GRANT OF FORM-B-1 IN RESPECT OF PETITION SCHEDULE PROPERTY VIDE ANNEXURE-N AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER On 12.05.2016, petitioner submitted an application for grant of license to establish and run a stone crushing unit in Sy.Nos.54/2, 55, 56/1, 56/2 and 57 of Chikkanagavalli Village, Chikkaballapura Taluk measuring 1 acre 2 guntas. In the proceedings held on 21.10.2017 chaired by the Deputy Commissioner and the District Stone Crusher Licensing and Regulation Authority, it was resolved to reject petitioner’s application. Accordingly, order dated 26.05.2018 (Annexure-N) has been passed.
2. Shri Jayakumar S. Patil, learned Senior Advocate adverting to paragraph 62 of the proceedings of the Authority pointed out that the resolution has been passed rejecting petitioner’s application on the ground that it was reported in the media that the stone crushing units in and around Chikkaballapura Taluk were causing pollution and affecting the ground water. He submitted that though the resolution was passed in October 2017, petitioner’s application has been rejected in May 2018. As on date, the Regional Environmental Impact Assessment has not been conducted and no action has been taken by the respondents in this behalf.
3. He further submitted that the respondents have granted crushing unit to one M/s. Kailash Stones by order dated 31.01.2019. The State have also renewed the licenses in the same area. Thus there is conscious discrimination so far as petitioner’s application is concerned. Accordingly, he prays for allowing these writ petitions.
4. Shri V.G. Bhanuprakash, learned AGA, in his usual fairness, submits that in view of the fact that the respondents have considered other similar cases, petitioner’s application will also be considered in accordance with law.
5. In view of the above submission, we set aside the rejection order (Annexure-N) and the matter is remitted to the respondent Authority to reconsider petitioner’s case afresh in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
Petitions are accordingly disposed of. No costs.
In view of disposal of the petitions, I.A.No.1/2019 and I.A.No.2/2019 do not survive for consideration and they are also disposed of.
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ACTING CHIEF JUSTICE Sd/- JUDGE ca