1

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

          DATED THIS THE 24TH DAY OF JULY 2012

                        BEFORE

     THE HON'BLE MR. JUSTICE RAM MOHAN REDDY

      WRIT PETITION NO. 23070 OF 2012(LB-BMP)

BETWEEN

SRI MARKANDAIAH N
S/O NARAYANACHARI N
AGED ABOUT 60 YEARS,
R/A NO.45, IST MAIN ROAD,
LAKSHMINARAYANAPURA,
SRIRAMPURAM, BANGALORE-21.
                                         ... PETITIONER

(By Sri. R P SOMASHEKARAIAH, ADVOCATE)

AND

1.    THE COMMISSIONER
      BRUHATH BANGALORE MAHANAGARA PALIKE
      N.R.SQUARE, BANGALORE.

2.    THE ASSISTANT HEALTH OFFICER
      RAJAJINAGAR, DIVISION (WEST)
      BRUHATH BANGALORE MAHANAGARA PALIKE
      BANGALORE.
                                   ... RESPONDENTS

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENDORSEMENT DTD.1.6.12 ISSUED BY THE R2
UNDER ANNEX-G TO WRIT PETITION AND DIRECT THE R2
                             2

TO CONSIDER THE APPLICATION OF THE PETITIONER
DTD.18.4.12 FOR GRANT OF NEW TRADE LICENSE UNDER
ANNEX-C; AND ETC.

      THIS PETITION IS COMING ON FOR PRL.HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                      ORDER

Petitioner's application for grant of new trade licence for carrying on business of Silencer Burning Welding Job, when rejected by the respondent-BBMP, has resulted in this petition.

2. In the first place, there is no material to establish whether in a residential zone such kind of business could be undertaken, since ,Silencer burning would require the burning of unburnt fuel, oil and carbon residue which is found in the silencer fixed to motor vehicles. This requires permission or sanction from the authorities of the Air (Prevention and Control of Pollution) Act, 1981, for short the 'Act'. Merely because some of the neighbours in the 3 neighbourhood of the petitioner's immovable property have extended no objection is not a substitute to the sanction under the provisions of the 'Act'. In the circumstances, no exception can be taken to the rejection of the petitioner's application for such a trade licence.

Petition is accordingly rejected.

Sd/-

JUDGE ln.