IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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.6894 OF 2019 (GM-MM-S) BETWEEN:
R. NARAYAN PRABHU S/O SRI PADMANABHA PRABHU AGED ABOUT 37 YEARS R/O PRABHU NIVAS, KUNDAL PADY KARKALA, UDUPI DISTRICT UDUPI, PIN – 567101 ... PETITIONER (BY SRI K. SHASHI KIRAN SHETTY, SENIOR ADVOCATE FOR SRI PAVAN G.N., ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAWAN, RACE COURSE ROAD BANGALORE - 560001 REPRESENTED BY ITS DIRECTOR 2. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI, MANIPAL UDUPI DISTRICT-576104 3. CHAIRMAN DISTRICT TASK FORCE COMMITTEE RAJATHADRI, MANIPAL UDUPI DISTRICT UDUPI - 567101 4. KARNATAKA STATE POLLUTION CONTROL BOARD INDUATRIAL AREA, MANIPAL UDUPI DISTRICT- 576104 REPRESENTED BY ITS ENVIRONMENTAL OFFICER 5. TASHILDAR DEPARTMENT OF REVENUE KARKALA TALUK UDUPI DISTRICT - 576104 6. DISTRICT FOREST OFFICER KUNDAPURA DIVISION UDUPI DISTRICT - 576104 7. ASSISTANT EXECUTIVE ENGINEER (E) KARNATAKA STATE ELECTRICITY BOARD WORKS & EXECUTION SUB DIVISION KARKALA UDUPI DISTRICT UDUPI - 567104 ... RESPONDENTS (BY SRI BHANUPRAKASH V.G., AGA FOR R1-R3, R5 & R6, SRI D. NAGARAJ, ADVOCATE FOR R4 & SRI H.V. DEVARAJU, ADVOCATE FOR R7) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND R-3 TO ISSUE C-FORM UNDER KARNATAKA STONE CRUSHER REGULATION ACT, 2011 TO THE PETITIONER FOR LICENSE NO. SCL 45. ANNEXURE A & A1 AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The petitioner was issued with a license for establishment of a stone crusher unit. After expiry of validity of the license, the petitioner made an application for renewal of license on 15.06.2018. The Senior Geologist, Department of Mines and Geology, Manipal, Udupi District issued the endorsement dated 07.12.2018 asking the petitioner to stop the crushing activities on the ground that the stone crushing area falls within the ‘deemed forest area’. The petitioner has filed this writ petition seeking to quash the said endorsement.
2. Shri K.Shashi Kiran Shetty, learned Senior Advocate for the petitioner draws our attention to the letter dated 18.02.2019 from Secretary to the Government of Karnataka, Commerce and Industries Department addressed to the Registrar, Karnataka Lokayukta, wherein it is stated that after joint inspection, it has been found that the lands in respect of which quarrying leases have been executed or permission has been granted to establish crushing unit in Karkala Taluk, Udupi District, fall outside the ‘deemed forest area’. Hence, it is submitted that in view of the aforesaid communication, the impugned endorsement is unsustainable in law.
3. Shri V.G.Bhanu Prakash, learned High Court Government Pleader does not dispute the aforesaid communication by the Secretary to the Government, Commerce and Industries Department to the Registrar, Karnataka Lokayukta.
4. In the circumstances, respondent authorities are directed to consider petitioner’s application for renewal of license in accordance with law within a period of six weeks from the date of receipt of copy of this order. In case, the application for renewal is considered in favour of the petitioner, consequentially, electricity connection shall be restored.
The writ petition is accordingly disposed of. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB