IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.40082 OF 2019 & WRIT PETITION NOS.40993-40994 OF 2019 (GM-MM-S) BETWEEN:
SRI H.T. MANJU S/O.THIMME GOUDA AGED ABOUT 44 YEARS R/AT HARALAHALLY VILLAGE AND POST K.R.PETE TALUKA MANDYA DISTRICT– 571 426 ... PETITIONER (BY SRI R.G. KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001 2. THE SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU – 560 001 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 4. THE SENIOR GEOLOGIST AND MEMBER SECRETARY, DMG MANDYA DISTRICT MANDYA – 571 401 5. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA- 571 401 6. THE TAHSILDAR AND EXECUTIVE MAGISTRATE TALUKA OFFICE REVENUE DEPARTMENT MANDYA TALUKA MANDYA – 571 401 7. THE GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MANDYA DISTRICT – 571 401 8. THE ENVIRONMENT OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD MANDYA DISTRICT MANDYA – 571 401 9. THE RANGE FOREST OFFICER OFFICE OF THE RFO FOREST DEPARTMENT MANDYA TALUKA MANDYA – 571 401 ... RESPONDENTS (BY SRI V.G. BHANU PRAKASH, AGA FOR R1 TO R7 AND R9) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE NOTICE DATED 20.08.2019 (ANNEXURE-A) ISSUED BY RESPONDENT NO.6-TAHSILDAR AND JOINT INSPECTION REPORT DATED 19.08.2019 (ANNEXURE-B) CARRIED OUT BY RESPONDENT NOS.6, 7, 8 AND 9 IN RESPECT OF PETITIONER’S STONE CRUSHSER UNIT AT SY.NO.222, AREA 01.20 ACARE OF HARALAHALLI VILLAGE, K.R.PET TALUKA, MANDYA DISTRICT AT LICENSE IN FORM-C DATED 17.11.2018 (ANNEXURE-C) VALIED FOR A PERIOD OF 5 YEARS CALLING UPON TO STOP/SUSPEND AND/OR CLOSE DOWN THE ABOVE STONE CRUSHING AS WELL AS QUARRY LEASES AT QL NO.898, 899 AND 1061 VALID FOR A PERIOD OF 20 YEARS TILL 21.03.2027, 21.03.2027 AND 17.06.2038 PRODUCED AT ANNEXURE-E, F AND G RESPECTIVELY AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Perused the earlier orders and in particular, the order dated 24th September 2019. Annexure-A is a notice issued by the Tahsildar.
2. We have perused the said notice. We find that neither under the Karnataka Regulation of Stone Crushers Act, 2011 nor under the Karnataka Regulation of Stone Crushers Rules, 2012, the Tahsildar is conferred with any power to issue such a notice. As far as Annexure-B is concerned, it is a Joint Spot Inspection report which records that the same shall be placed before the District Task Force Committee.
3. Our attention is invited to IA.No.2/2019. The learned Additional Government Advocate has tendered across the Bar the order dated 20th November 2019 by which notice dated 26th August 2019 (Annexure-Q to IA.No.2/2019) has been withdrawn. Therefore, all the consequential actions taken on the basis of the notice dated 26th August 2019 stand nullified and are no longer operating.
4. Now coming back to Annexure-B dated 19th August 2019 which records that the Joint Spot Inspection report be placed before the District Task Force Committee to take action and to stop the said quarrying and crushing activities. However, we find that the District Task Force Committee has no power to take any action to stop quarrying and crushing activities.
5. Hence, both Annexures-A and B cannot be acted upon.
6. Now we come to the prayer clause(b) wherein the constitutional validity of Rules 3-A, 3-B and 3-C of the Karnataka Regulation of Stone Crushers Rules, 2012 has been challenged. As the prayer clause(a) is a substantive prayer, which does not survive, it is not necessary to consider the prayer clause(b). However, the contentions raised regarding the validity of the said Rules of 2012 are kept open.
7. Accordingly, we dispose of the petitions by passing the following order:
(i) We hold that no action of stopping the crushing or quarrying operations can be taken on the basis of the Annexures-A and B;
(ii) As the notice dated 26th August 2019 is withdrawn, no action can be taken on the basis of withdrawn notice and all consequential steps taken based on the notice dated 26th August 2019 have been rendered inoperative;
(iii) We make it clear that this order will not prevent the competent authorities from taking action in accordance with law;
(iv) In view of clauses (i) and (ii) above, the issue raised in the prayer clause(b) is academic and therefore, the same is not considered. However, the contentions raised in support of the prayer clause(b) are kept open;
(v) Pending application does not survive and the same is disposed of;
(vi) The petitions are disposed of on the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB