IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH 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.20125 OF 2019 (GM-MM-S-PIL) BETWEEN:
1. SRI SIDDESHAPPA AGED 53 YEARS S/O LATE SHIVABASAPPA 2. SRI NANDYAPPA AGED 57 YEARS S/O LATE MUDDAPPA 3. SRI THIRTHAPPA AGED 65 YEARS S/O LATE BASAPPA 4. SRI D B VIJAYAKUMAR AGED 53 YEARS S/O BASAPPAGOWDA 5. SRI D M PRABHAKAR AGED 53 YEARS S/O D N MALLAIAH 6. SRI T D PRAKASH AGED 49 YEARS S/O LATE SIDDAPPA 7. SRI NAGARAJ KONAR AGED 48 YEARS S/O MANIKYAM KONAR 8. SRI R.SHIVAMURTHY AGED 45 YEARS S/O LATE RAMAPPA ALL ARE RESIDENTS OF DEVANAKATHI KOPPA VILLAGE KOTEGANGUR POST SHIMOGGA – 577 204 (BY SHRI G.R.MOHAN, ADVOCATE) ... PETITIONERS AND:
1. STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER SHIMOGGA DISTRICT SHIMOGGA – 577 204 3. SENIOR GEOLOGISTS MINES AND GEOLOGY DEPARTMENT SHIMOGGA – 577 204 4. DEPUTY CONSERVATOR OF FORESTS WILD LIFE DIVISION SHIMOGGA – 577 204 5. THE CHIEF ENGINEER KARNATAKA POWER TRANSMISSION CORPORATION LTD.
SHIMOGGA – 577 204 6. SHRI P.PRADEEP S/O LATE POORYA NAYKA M/S. PAWAN STONE CRUSHERS ASHIRWAD, 225/6, 2ND CROSS BASVESWARANAGARA SHIMOGGA – 577 204 7. SHRI D.SOMASUNDARAM M/S. DEVARAGUDI STONE CRUSHERS RAMADOOTHA, ‘B’ BLOCK MIG, 84/B, KHB COLONY VINOBANAGARA SHIMOGGA – 577 204 8. SHRI J.E.PRASHANTH M/S. THEERTHA RAMESHWARA STONE CRUSHERS GEJJENAHALLI VILLAGE KOTEGANGURU POST SHIMOGGA – 577 204 9. SHRI K.SUBRAMANI S/O KANNAPPA 60 FT ROAD, 6TH CROSS VINOBANAGARA SHIMOGGA – 577 204 10. SMT. VIJAYA M/S. RAGHAVENDRA STONE CRUSHERS GEJJENAHALLI SHIMOGGA – 577 204 11. SHRI SHANMUKHA S/O NATESHAPPA M/S. GANANATHA STONE CRUSHERS GEJJENAHALLI SHIMOGGA – 577 204 12. SHRI S.MANJUNATH S/O SUBRAMANI M/S. SHABAREESH STONE CRUSHERS GEJJENAHALLI SHIMOGGA – 577 204 13. SHRI RAVISHANKAR S/O B.SHANMUGAM M/S. RENUKAMBA STONE CRUSHERS GEJJENAHALLI SHIMOGGA – 577 204 14. SMT. N.G.BHAGYA W/O MOHAN REDDY GEJJENAHALLI SHIMOGGA – 577 204 15. SHRI P.BABU S/O PERUMAL M/S. MPL BABU STONE CRUSHERS GEJJENAHALLI SHIMOGGA – 577 204 16. SMT. D.SUGANDHI W/O S.MANJUNATH M/S. PRATHIBA STONE CRUSHERS GEJJENAHALLI SHIMOGGA – 577 204 17. SHRI SHEIK AHAMED M/S. SGM STONE CRUSHERS GEJJENAHALLI SHIMOGGA – 577 204 ... RESPONDENTS (BY SHRI Y.H.VIJAY KUMAR, PRL.GA FOR R1 TO R4; SHRI H.A.PRABHAKAR, ADVOCATE FOR R5; SHRI P.N.HARISH, ADVOCATE FOR R7, R8 & R10 TO R16;
R9, R6 AND R17 ARE SERVED) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CLOSE DOWN THE STONE CRUSHING UNITS SITUATE WITHIN RADIUS OF 10 KM (I.E. 3.80 KM TO 7.90 KM) OF THE SHETTI HALLI PROTECTED AREA FOREST IN SHIMOGGA DISTRICT AS PER THE REPORT OF FOURTH RESPONDENT DATED 26.09.2018 (ANNEXURE-D) ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER 1. Heard the learned counsel appearing for the petitioners.
His submission made today is based on certain guidelines, which are appended to a document of the Karnataka State Highways Improvement Project - II. He is also relying upon a decision of the Apex Court in the case of T.N.Godavarman Thirumulpad vs. Union of India and Others [(2010)13 SCC 740].
2. In the representation which is annexed to the petition, the grievance made by the petitioners is about the noise pollution and the air pollution.
3. Our attention is invited to Section 6-A of the Karnataka Regulation of Stone Crushers Act, 2011 (for short ‘the said Act of 2011’). Section 6 provides that a licence can be granted only in a declared safer zone. Clauses (1) and (2) of sub-section (2) of Section 6-A of the said Act of 2011 are material, which read thus:
“6-A. Conditions for grant of licence.─(1) No licence shall be issued for stone crushers outside the safer zone.
(2) The Licensing Authority on production of Consent for Operation (CFO) certificate issued by the Karnataka State Pollution Control Board shall grant licence to the applicant in such form as may be prescribed. The licensee shall adhere to the following conditions, namely,─ (1) each unit shall abide by the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 and rules made thereunder as prescribed by KSPCB from time to time.
(2) each unit shall conform to the Noise Pollution (Regulation and Control) Rules, 2000.”
4. It is not the case of the petitioners that consent to operate has not been granted to the sixth respondent. A perusal of the representation made by the petitioners at Annexure-E shows that the allegation is that there is a breach of environmental laws and the operations carried out by the added respondent are generating a lot of dust and pollution. The grievance is also about the noise pollution.
5. The representation at Annexure-E is addressed to the Deputy Commissioner and Chairman of the District Mines and Stone Quarrying Control Committee. A copy of the representation is addressed to the District Environment and Pollution Control Officer.
6. We, therefore, direct the Deputy Commissioner (second respondent) to forward the said complaint/representation to the jurisdictional officer of the Pollution Control Board by calling upon the Officer to verify whether the added respondent has committed any breach of clauses (1) and (2) of sub-section (2) of Section 6-A of the said Act of 2011.
7. After getting a report from the Pollution Control Board, necessary orders shall be passed in accordance with law by the second respondent on the representation made by the petitioners.
8. With the above said direction, the petition is disposed of.
We make it clear that we have made no adjudication on the merits of the allegations made in the petition.
The pending interlocutory application does not survive for consideration and it stands disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE hkh.