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   IN THE HIGH COURT OF KARNATAKA, BANGALORE

    DATED THIS THE 04TH DAY OF SEPTEMBER, 2013

                       PRESENT

       THE HON'BLE MR. D.H.WAGHELA CHIEF JUSTICE

                         AND

       THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA

            W.P.No.37278/2013 (GM-MM-S)

BETWEEN:

M/S. CITY LIGHT INDUSTRIES,
SY.No.454, BADANAGUPPE VILLAGE,
CHAMARAJANAGAR TALUK &
DISTRICT-571313,
REP. BY ITS PROPRIETOR,
SRI CHANDRASEKHAR.                      ... PETITIONER

(BY SRI: N.NANJUNDA SWAMY, ADV.)

AND:

1.THE STATE OF KARNATAKA,
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BANGALORE-560 001,
REP. BY ITS DIRECTOR.

2.THE KARNATAKA STATE POLLUTION
CONTROL BOARD,
PARISARA BHAVANA,
1ST TO 5TH FLOOR,NO.49,
CHURCH STREET,
BANGALORE-560 001,
REP. BY ITS CHAIRMAN.
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3.THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGAR-571313.

4.THE MANAGING DIRECTOR,
CHAMUNDESHWARI ELECTRICITY COMPANY,
NO.927, NEW KANTHARAJAURS ROAD,
KUVEMPU NAGAR, MYSORE-570 001.

5.THE ASSISTANT EXECUTIVE ENGINEER,
CHAMUNDESHWARI ELECTRICITY COMPANY,
CHAMARAJANAGAR -I DIVISION,
CHAMARAJANAGAR-571313.

6.THE CHIEF ELECTRICAL INSPECTOR,
OFFICE OF CHIEF ELECTRICAL INSPECTORATE,
NO.32/2/1,CRESENT TOWER,CRESENT ROAD,
MADAVANAGAR,BANGALORE-560 001.

7.THE DEPUTY ELECTRICAL INSPECTOR,
OFFICE OF DEPUTY ELECTRICAL INSPECTORATE,
CHAMARAJANAGAR-571313.                 ... RESPONDENTS


(BY SRI: D.NAGRAJ FOR R2, SRI.R.G.KOLLE, AGA FOR R1)


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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER   /   NOTICE DATED   26.7.2013   ISSUED   BY   THE II
RESPONDENT AT ANN-J.


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

1. Sri D.Nagaraj, learned counsel takes notice for respondent No.2. Sri.R.G.Kolle, learned AGA takes notice for respondent No.1.

2. In this writ petition, the petitioner has challenged Annexure "J" dated 26/7/2013, which is a closure Notice issued by the 2nd respondent and has sought a direction to the respondents to consider the petitioner's application dated at Annexure "B", for grant of lease to run his stone crushing unit in the safer zone and to permit him to continue the stone crushing unit in the present location till such time the application is considered.

3. It is the case of the petitioner that he has obtained license and permission from the respondent-authorities and running his stone crusher unit in Sy.No.454, Badanaguppe village, Chamarajanagar Taluk and District. 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 4 notified and the same have been notified on 8/11/2012. That the petitioner has made an 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 allotment in the safer zones has not been made by the respondent - authorities and on the other hand he is not able to pursue stone crushing activity in the existing location, as a result, his business has come to a standstill.

4. It is the further case of the petitioner that he is a class-I Contractor and Karnataka Rural Road Development Authority has allotted work to develop the roads in the rural area in Chamarajanagar District as per Annexure "E" to "H" under a project and that he has to complete the said work within 11 months from 27/03/2013 and on account of the closing down of the stone crusher work as per the closure order issued by respondent No.2, it is not possible for him to complete the work and would lead to inconvenience to the public at large. It is also stated that 5 the development work is in progress and would not be completed in time and that the same would lead to financial loss to him. That he is entitled to run the operation of stone crushing activities under the provisions of Section 7 of the Karnataka Regulation of Stone Crushers Act. It is the further case of the petitioner that as safer zones have been notified in his District, his application be considered by respondent No.3 and license be issued to him. However, pending consideration of his application, he has sought permission to continue his stone crushing activity in the aforesaid survey number by seeking quashing of the impugned closure order (Annexure-B).

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 orders passed in the earlier writ petitions in W.P.Nos.40894-956/2012 and W.P.No.11543/2013. The first of the writ petitions pertain to Shimoga District, in which, safer zones have been identified as in the instant case.

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 7 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 8 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 licence under Section 4 of the Act within three months from the date of declaration of safer zone under Section 6 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 9 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 application made by the petitioner, which is at Annexure "B", strictly in accordance with Section 3 of the Act and to pass necessary orders on the same expeditiously and within a period of 15 days from the date of receipt of certified copy of this order.

11. Liberty is also reserved to the petitioner to make one more application under Section 7 of the Act in so far as the present unit is concerned. If such an application is made, the same to be considered in accordance with Section 7 of the Act and to pass orders in terms of the said section. The petitioner to then comply with the requirements of Section 7 of the Act.

12. Till then, no permission can be granted to the petitioner to carry on his stone crushing activity in the present location.

13. With the aforesaid observations and directions, the writ petition is partly allowed.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE *mvs