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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER 2014
PRESENT
THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
WP No.31979/2013 (GM-MMS)
BETWEEN
1. ASHOK SHEKAPPA MUDAKAVI
S/O SIDRAMAPPA MUDAKAVI
AGED ABOUT 41 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
2. RACHAYYA GANGAYYA KODASHI
S/O GANGAYYA KODASHI
AGED ABOUT 60 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
3. MALLIKARJUN NINGAPPA PARAGOND
S/O NINGAPPA PARAGOND
AGED ABOUT 35 YEARS
R/O KOLHAR VILLAGE
TQ BASAVAN BAGAVADI
DISTRICT BIJAPUR-586101
4. SANGAPPA PARSAPPA ATHANI
S/O PARASAPPA ATHANI
AGED ABOUT 35 YEARS
R/O KOLHAR VILLAGE
TQ BASAVAN BAGAVADI
DISTRICT BIJAPUR-586101
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5. BASAPPA ERAPPA AMBALI
S/O ERAPPA AMBALI
AGED ABOUT 60 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
6. KALLAPPA SANKAPPA GIDAPPAGOL
S/O SANKAPPA GIDAPPAGOL
AGED ABOUT 32 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
7. BASALINGAPPA GURULINGAPPA UPPALDINNI
S/O GURULINGAPPA UPPALDINNI
AGED ABOUT 55 YEARS
R/O KOLHAR VILLAGE
TQ BASAVAN BAGAVADI
DISTRICT BIJAPUR-586101
8. EARAPPA SHIVAPPA GIDDAPPAGOL
S/O SHIVAPPA GIDDAPPAGOL
AGED ABOU 40 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
9. KALLAPA EARAPPA GIDAPPAGOL
S/O EARAPPA GIDDAPPAGOL
AGED ABOUT 45 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
10. PARDANI SHANKRAPPA BELLUBBI
S/O SHANKRAPPA BELLUBBI
AGED ABOUT 35 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
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11. BHIMASHI MALLAPPA BELLUBBI
S/O MALLAPPA BELLIBBI
AGED ABOUT 65 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
12. SANKAPPA GURULINGAPPA KAKANDALE
GURULINGAPPA KAKANDALE
AGED ABOUT 45 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
13. SHEKAPPA PARAPPA GANEGAR
S/O PARAPPA GANAGAR
AGED ABOUT 38 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
14. CHANNAMALLAPPA BASAPPA KOKATNUR
S/O BAAPPA KOKATNUR
AGED ABOUT 45 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
15. SMT ISHWARAVVA
W/O GUNAGAPPA GANI
AGED ABOUT 45 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
16. SHANKRAPPA NAGARAJ
S/O NAGARAJ
AGED ABOUT 40 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
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17. ARJUN NAGARAJ
S/O NAGARAJ
AGED ABOUT 55 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
18. HANMANTH KALLAPPA BELLUBBI
S/O KALLAPPA BELLUBBI
AGED ABOUT 45 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
19. PARAMAPPA MALLAPPA BARGI
S/O MALLAPPA BARGI
AGED ABOUT 40 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR--586101
20. ASHOK ERAPPA GIDDAPPAGOL
S/O ERAPPA GIDDAPPAGOL
AGED ABOUT 40 YEARS
R/O KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
... PETITIONERS
(BY SRI CHETAN DESAI, ADV., )
AND
1. GOVERNMENT OF KARNATAKA
REPRESENTED BY SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
KHANJI BHAVAN
RACE COURSE ROAD
BANGALORE-560001
2. DEPUTY COMMISSIONER
BIJAPUR DISTRICT
BIJAPUR-586101
3. DISTRICT LEVEL STONE CRUSHING CONTROL COMMITTEE
REPRESENTED BY THE DEPUTY COMMISSIONER
BIJAPUR-586101
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4. CHAIRMAN
KARNATAKA STATE POLLUTION CONTROL BOARD
PARISARA BHAVAN, 1st TO 5TH FLOOR
CHURCH STREET,
BANGALORE-560001
5. THE SECRETARY
POST KOLHAR VILLAGE
TQ BASVAN BAGAWADI
DISTRICT BIJAPUR-586101
6. TAHSILDAR
OFFICE OF THE TAHSILDAR
BASVAN BAGAVADI
TQ BASAVAN BAGAVADI
DISTRICT BIJAYPUR-586101
7. CHIKKANGOUDA TONE CRUSHER
SITUATED IN SY NO.31
KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
REP BY SRI VINOD MAHAN NADAGOUDA
8. SRI BASAVESHWARA STONE CRUSHER
SITUATED IN SY NO.31
KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
REP BY SRI CHANNAMALLAPPA SHIVAPPA GIDDAPPGOL
9. SANGAMESHWARA STONE CRUSHER
SITUATED IN SY NO.29
KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
REP BY SRI SANGAPPA ADIVAPPA LIMBIKAYI
10. PARISHRAMA STONE CRUSHER
SITUATED IN SY NO.27
KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
REP BY SMT SAVITA SHIVAPUTRAPPA GABBUR
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11. MALLIKARJUNA STONE CRUSHER
SITUATED IN SY NO.44
KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
REP BY SRI SHANKRAPPA SIDDAPPA TUMBARMATTI
12. SHAMA STONE CRUSHER
SITUATED IN SY NO.22
KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
REP BY SRI HASAN DONGRI
13. VISHALGAD MALLIKRIHANI
BHAVA STONE CRUSHER
SITUATED IN SY NO.43 AND 44
KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
REP BY SRI NAVISAAB
14. EASHWAR STONE CRUSHER
SITUATED IN SY NO.31, 43 AND 44
KOLHAR VILLAGE
TQ BASVAN BAGAVADI
DISTRICT BIJAPUR-586101
REP BY SRI SADASHIVA CHANNAPPA CHIKREDDI
... RESPONDENTS
(By Sri NARENDAR.G, AGA FOR R.1 TO 3 & 6
SRI GURURAJ JOSHI, ADV. FOR R.4
SRI SHALINI PATIL, ADV. FOR R.7 TO R.14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER AT ANNEXURE-C DATED 02.11.2012, ISSUED/ PASSED BY
THE COMMITTEE HEADED BY R2.
THIS WRIT PETITION COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATIONS THIS DAY, CHIEF JUSTICE MADE
THE FOLLOWING:
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ORDER
D.H.WAGHELA, C.J. (Oral) :
1. The petition is filed as public interest litigation against illegal operation of stone crusher units in and around village: Kolhar, Basavan Bagewadi Taluk, Vijayapura District. It is alleged that the stone crusher units were established and working in contravention of the provisions of Section 6 of the Karnataka Regulation of Stone Crushers Act, 2011 ('Act' for short). It is further alleged that, on account of declaration of certain areas as 'safer zones' under the said Act, some of the crusher units were claiming to be operating in safer zones although such zone was within a distance of 500 meters of Kolhar village and 250 meters from the National Highway. The challenge to declaration of safer zones vide proceedings of District Level Stone Crushing Control Committee held on 02.11.2012 is not substantiated by any relevant evidence.
2. It was, however, found during the course of hearing that, not only respondent Nos.7 to 14 herein, but few other stone crushing units were operating in the area without consent or without fulfilling the requisite conditions under the -8- provisions of Air (Prevention and Control of Pollution) Act, 1981 ('Air Act' for short). And, on account of series of violations, orders in exercise of powers under Section 31A of the Air Act have been issued to forthwith close down the operation of such stone crushers. In some cases, detailed orders are made by the Karnataka State Pollution Control Board to not only close down the stone crusher units forthwith, but orders have been issued to the Deputy Commissioner of the District to seize such stone crusher units and the Managing Director of Hubli Electricity Supply Company (HESCOM) is also directed to stop power supply to such units. By such orders issued in July 2014, the Chief Electrical Inspector in the office of Chief Electrical Inspectorate, Bengaluru is directed to stop the operation of diesel generator sets immediately and until further orders.
3. Learned counsel for the petitioners has alleged, on the basis of sketchy affidavits of some of the petitioners that the stone crusher units have been operating even after such orders of State Pollution Control Board and no further preventive actions were taken by the authorities to whom the directions were issued under the Air Act. By placing on record -9- a number of photographs, it is contended on behalf of stone crusher units joined herein as respondent Nos.7 to 14 that, the industrial units have actually closed their operations and the plants are lying idle without the diesel generator sets being reconnected to even temporarily run the industrial units. It is contended on their behalf that such units under the orders of closure proposed to comply with the conditions which may be imposed by the State Pollution Control Board and obtain valid consent for the purpose of running the units in a legal manner. However, due to pendency of the petition, State Pollution Control Board is not entertaining their applications, according to their submission.
4. Learned counsel appearing for the petitioners insisted that the offending units were still operating and causing air pollution in the area which was obviously a hazardous for the people, cattle and crops in the surrounding areas. He, however, relied upon certain photographs to substantiate his allegation that the units were operational, but the photographs, prima facie, appeared to be showing operation of quarries rather than stone crusher units.
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5. Under the above circumstances, a statement is made, on instruction, by learned counsel Mr. Gururaj Joshi that the State Pollution Control Board will process any pending application, in accordance with law, and unless and until consent is accorded to the stone crusher units and all the conditions that may be imposed are complied with, respondents and other stone crusher units in the area will not be allowed to operate and cause any air pollution. He submitted that the Environmental Engineer appointed in the area will regularly visit the area of the units and, whether any complaint is received from the citizens including any of the petitioners or not, any unit operating in violation of law shall be immediately arraigned as the accused in a criminal case by filing appropriate complaint, in accordance with law. It is also stated on behalf of respondent-crusher units that they will not re-start operation of any of the crusher units unless and until valid consent is granted by the State Pollution Control Board and the stone crushers having the facility of diesel generator sets will not only completely disconnect the diesel generator sets, but allow inspection thereof by the Environmental Engineer of the State Pollution Control Board as also by the
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Deputy Electrical Inspector to ensure that the diesel generator sets cannot be put to even any temporary use or for any clandestine operation of the stone crusher units. It is realised that, it is absolutely necessary and in the interest of rule of law that no stone crusher unit is allowed to operate in the area except strictly in accordance with law and after providing all the necessary equipments and safeguards for preventing any health hazard or damage to the environment including crops of the farmers tilling their land in the surrounding areas. It would be the duty of the Tahsildar and the Deputy Commissioner concerned to ensure that the area is kept free of any air pollution or nuisance and the operation of any stone crusher unit is strictly conforming to and abiding by the conditions that may be imposed by the State Pollution Control Board, if and when consent is granted for operation of such units.
6. The parties having been satisfied with the above directions and observations, the petition does not survive for any further orders and accordingly, it is disposed, with liberty to the petitioners to make appropriate complaint, in case of necessity, to the local office of the State Pollution Control
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Board and to the Deputy Commissioner of the District. There is no order as to cost.
In view of disposal of the petition, all pending I.As do not survive for consideration and are accordingly disposed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv