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       IN THE HIGH COURT OF KARNATAKA, BANGALORE
          DATED THIS THE 15TH DAY OF JULY, 2013
                        PRESENT
       THE HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE
                          AND
        THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
            W.P.No.21922/2013 (GM-MM-S)

BETWEEN:

SRI CHANDRASHEKARAIAH,
S/O LATE B.C.RAMAIAH,
AGED ABOUT 64 YEARS,
CLASS-I CIVIL CONTRACTOR,
AND PROPRIETOR OF
M/S. SREE ANNAPOORNESHWARI JELLY UDYAM,
RESIDING AT NO.746/E,
6TH CROSS, 13TH MAIN,
NEW SARASWATHIPURAM,
MYSORE-570 009.                         ... PETITIONER

(BY SRI: P.MAHESHA AND SRI.KRISHNA.B.J, ADVS.)

AND:

1.THE DEPUTY COMMISSIONER,
LICENSING AUTHORITY,
CHAIRMAN, DISTRICT STONE
CRUSHERS REGULATION COMMITTEE,
MANDYA DISTRICT-571401
MANDYA.

2.THE STATE OF KARNATAKA,
DEPARTMENT OF MINES AND GEOLOGY,
KANIJA BHAVAN, RACE COURSE ROAD,
BANGALORE-560001,
REP. BY ITS DIRECTOR.

3.THE KARNATAKA STATE
POLLUTION CONTROL BOARD,
                          -: 2 :-



PARISARA BHAVAN,
4TH AND 5TH FLOOR,
NO.49, CHURCH STREET,
BANGALORE-560001,
REP. BY ITS CHAIRMAN.

4.THE MANAGING DIRECTOR,
CHAMUNDESHWARI ELECTRICITY
SUPLLY COMPANY,
NEW KANTHARAJA URS ROAD,
KUVEMPUNAGAR,
MYSORE DISTRICT-570001.

5.THE ASSISTANT EXECUTIVE ENGINEER,
CHAMUNDESHWARI ELECTRICITY
SUPLLY COMPANY,
(O&M) SUB DIVISION,
PANDAVAPURA DIVISION,
MANDYA DISTRICT-571 401.                 ... RESPONDENTS

(BY SRI: R.G.KOLLE, AGA FOR R1 & R2,
 SRI.D.NAGARAJ, ADV. FOR R3,
 SRI.HARIKRISHNA.S.HOLLA, ADV. FOR R5)


                         *****

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE   R-1   AUTHORITY   TO    CONSIDER   THE   PETITIONER
APPLICATION DT.19.4.2013 VIDE ANNX-D AND DIRECT THE R-1
AUTHORITY TO ISSUE TEMPORARY LICENSE TO RUN THE
SRI.ANNAPOORNESHWARI         JELLY   CRUSHER   UNIT    IN
SY.NO.102/P2 OF SHAMBHUHALLY VILLAGE, PANDAVAPURA
TQ., MANDYA DISTRICT.


      THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
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                        ORDER

1. Sri R.G.Kolle, learned AGA takes notice for Respondent Nos.1 and 2, Sri D.Nagaraj, learned counsel takes notice for Respondent No.3 and Sri Harikrishna S.Holla, learned counsel takes notice for Respondent No.5.

2. In this writ petition, the petitioner has sought a direction to the respondents to consider the petitioner's application dated 19/04/2013 (Annexure "D") and direct the first respondent - authority to issue temporary licence to run his stone crusher unit in the safer zone.

3. It is the case of the petitioner that he has a stone crusher named as Sri Annapoorneshwari Jelly Crusher Udyam in Sy.No.102/P2 of Shambhuhally village, Pandavapura Taluk, Mandya Dist. That petitioner is the Class-I Civil Contractor and he has been undertaking several Government infrastructure projects such as formation of Road and Highways and has been successfully executing Government works for more than 25 years. -: 4 :- That petitioner is the successful bidder for the project named as "Namma Grama Namma Raste Yojane" Phase-II, the project initiated by the executive engineer R D P R, Project Division Mysore wherein the petitioner is undertaking the contract for the improvements of the roads in Nanjangud Assembly Constituency to the tune of Rs.12,26,75,000/- (twelve Crore twenty six lakhs seventy five thousand only) which work has to be completed within 11 months from the date of commencement for which he has entered into an agreement with the executive engineer R D P R Project Division, Mysore.

4. That pursuant to the directions of this Court as well as the Hon'ble Supreme Court, in the case of Obayya Pujari, safer zones for location of stone crushing units had to be notified and the same have been notified. That the petitioner has made application for grant of licence to the stone crushing unit in the safer zone but the said licence has not yet been granted. Therefore, the grievance of the petitioner is that on the one hand the allotments in the -: 5 :- safer zones have not been made by the respondent - authorities and on the other hand he would not be able to pursue stone crushing activity in the existing location, as a result, his business would be adversely affected.

5. Having regard to the prayers made in the writ petition, we are of the view that this writ petition can be disposed of in terms of the order passed in the earlier writ petition in W.P.No.75970/2013.

6. In terms of sub-section (2) of Section 3 of the Karnataka Regulation of Stone Crushers Act, 2011 ("Act", for short), the applications have to be considered within a period of three months from the date of receipt of the application by the Licencing Authority. On grant of a licence by the Licencing Authority as per sub-section (3) of Section 3 of the Act, sub-section (4) of Section 3 provides that the existing stone crusher unit shall shift to the safer zones within six months.

7. In fact, Section 3 of the Act which prescribes the time frame is extracted for felicity of reference:-

"3. Stone crushers to obtain license:- (1) No person shall carry on the business of stone crushing in the State except under and in accordance with the terms and conditions of a license issued under this Act.

(2) Any person who is carrying on the business of stone crusher on the date of commencement of this Act with a license issued by any authority shall apply to the Licencing Authority for a license under section 4 of the Act within three months from the date of declaration of safer zone under section 6.

(3) On receipt of the application made under sub-section (2), the existing stone crusher units may be allowed to function till the grant or refusal of the license under the provisions of this Act or till three months from the date of receipt of application within which time the licensing authority shall dispose of such application after due verification of the location and fulfillment of other conditions of licence.

(4) On grant of licence under sub-section (3), the existing stone crushers shall be shifted to the safer zone within six months."

8. The purpose of the said section is to ban all stone crushing units in the State, except those which carry on the business of stone crushing as per the terms and conditions of the licence issued under the Act. Section 4 speaks about the application for licence, Section 5 says that the term of licene is for a period of three years and may be renewed for a further period of three years, subject to fulfillment of conditions laid down under the Act or the Rules made there under. The explanation states that where a licence has been granted in the middle of a year, for the purpose of computing the term of licence, the remaining part of the year shall be deemed to be a year.

9. Sub-section (2) of Section 3 states that if any person is carrying on the business of stone crusher on the date of commencement of this Act with a licence issued by any authority shall apply to the Licencing Authority for a -: 8 :- licence under Section 4 of the Act within three months from the date of declaration of safer zone under Section 6. So, within a period of three months the application would have to be made. Section 7 of the Act reads as follows:

      "7.   License          for     stone      crushers        for
      Government             projects:-         Notwithstanding

anything contained in this Act, license for temporary stone crushers exclusively for construction of National Highway, State Highway or any other infra-structural Government project and Government approved Public Private Partnership Projects may be granted for the project period on their fulfilling the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and Environmental Protection Act, 1986 and Rules made thereunder."

10. In the circumstances, the respondent - authorities are directed to consider the representation made by the petitioner, which is at Annexure "D", strictly in accordance with Section 7 of the Act and to pass necessary orders on the same expeditiously and within a period of 15 days from -: 9 :- the date of receipt of certified copy of this order. In case the petitioner's unit falls within the scope of Section 7 of the said Act, then to pass orders in terms of the said section and also having regard to the other provisions of the said Act. The writ petition is accordingly, disposed of.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE *mvs