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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 28th day of February, 2013
PRESENT
THE HON'BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.ABDUL NAZEER
W.P No.51223/2012 (GM-POL-PIL)
BETWEEN :
1. HOSPET RAITHARA SANGHA
REPRESENTED BY ITS PRESIDENT
TARALLI HULUGAJJAPPA,
S/O T NAGAPPA, AGED 57 YEARS,
OCC: AGRICULTURIST,
R/O 33RD WARD MYASKERI.
HOSPET-583 201.
2. HOSPET RAITHARA SANGHA
REPRESENTED BY ITS SECRETARY
GOSALA BHARAMAPPA,
S/O G. KANIMEPPA, AGE: 46 YEARS,
OCC: AGRICULTURIST,
R/O 26TH WARD-CHITRAKERI,
HOSPET-583 201.
3. A KARUNANIDHI
S/O A KALAPPA
AGED 55 YEARS,
OCC: ADVOCATE,
R/O IST WARD, CHITWADGI,
HOSPET-583 201.
4. GUNDI PRASHANTH
S/O LATE G BHARAMAPPA,
AGED 40 YEARS,
OCC: AGRICULTURIST,
R/O 34TH WARD, BANDA KERI,
HOSPET-583 201.
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5. ARALI KOTRAPPA
S/O LATE A UDDANAPPA
AGED 58 YEARS,
OCC: AGRICULTURIST,
R/O CHITWADGI-PO,
HOSPET TALUK,
BELLARY DISTRICT
6. G ASHOK S/O G PURUSHOTTAM
AGED: 34 YEARS,
OCC: AGRICULTURIST,
R/O CHITWADGI-PO,
NEAR ISR FACTORY,
HOSPET TALUK,
BELLARY DISTRICT
7. R ASHOK S/O R PANCHAPPA
AGED: 51 YEARS,
OCC: AGRICULTURIST,
15TH WARD-CHAPPERADAHALLI,
HOSPET-583 201.
8. B JITENDRANATH
S/O B GURUNATHAPPA
AGED: 34 YEARS,
OCC: AGRICULTURIST,
R/O IST WARD, CHITWADGI,
HOSPET-583 201.
9. D HANUMANTHAPPA
S/O D BHARAMAPPA
AGED: 56 YEARS,
OCC: AGRICULTURIST,
R/O IST WARD, CHITWADGI,
HOSPET-583 201.
10. L SIDDAPPA
S/O L S HANUMAPPA
AGED: 69 YEARS,
OCC: AGRICULTURIST,
R/O 15TH WARD, AMARAVATHI,
HOSPET-583 201.
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11. TARALLI JAMBAIAH
S/O D HULUGAMMA
AGED: 40 YEARS,
OCC: AGRICULTURIST,
R/O 33RD WARD, MYASKERI,
HOSPET-583 201.
12. B NAGARAJ
S/O B BASAPPA
AGED: 52 YEARS,
OCC: AGRICULTURIST,
R/O 27TH WARD, NEAR GALEMMA TEMPLE,
DAM ROAD, HOSPET-583 201.
13. TUNGABHADRA SUGARCANE AND PLANTAIN
GROWERS ASSOCIATION,
REPRESENTED BY ITS PRESIDENT
A.NARAYAN SINGH
S/O LATE A NAGAMAL SINGH
AGED: 58 YEARS, OCC: AGRICULTURIST,
R/O 10TH WARD, KAMALAPUR-583221,
HOSPET TQ, BELLARY DISTRICT
14. RYOTS ASSOCIATION-KAMALAPUR
REPRESENTED BY ITS PRESIDENT
A.PRASHANT SINGH
S/O A.ASHWATH SINGH. AGED: 39 YEARS,
OCC: AGRICULTURIST, R/O 12TH WARD,
KAMALAPUR-583221,
HOSPET TQ, BELLARY DISTRICT
... PETITIONERS
(By Sri VEERESH R BUDIHAL, ADV.,)
AND :
1. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY THE SECRETARY
TO THE GOVT. COMMERCE & INDUSTRIES DEPT.,
GOVT. OF KARNATAKA, I FLOOR,
VIKASA SOUDHA,
BANGALORE-560001.
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2. THE COMMISSIONER FOR CANE DEVELOPMENT
& DIRECTOR OF SUGAR IN KARNATAKA,
CAUVERY BHAVAN,
BANGALORE-01.
3. M/S. THE INDIA SUGARS & REFINERIES LIMITED
A COMAPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956.
HAVING ITS REGD. OFFICE AT: CHITAWADAGI,
HOSPET TALUQ. DIST: BELLARY-583221
4. THE KARNATAKA STATE POLLUTION CONTROL BOARD
PARISARA BHAVAN, CHURCH STREET,
BANGALORE-560001
REPRESENTED BY ITS SECRETRY
5. THE DEPUTY COMMISSIONER
BELLARY DISTRICT
BELLARY-583221
... RESPONDENTS
(By Sri D. VIJAY KUMAR, AGA FOR R1, R2 & R5.
SRI GURURAJ JOSHI, ADV., FOR R4.
SRI H.N. SHASHIDHARA, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R3 TO STOP THE CRUSHING OPERATION
FORTHWITH TILL THE R4 PASSES THE CONSENT ORDER
UNDER THE PROVISIONS OF AIR (PREVENTION AND
CONTROL OF POLLUTION ACT 1981) AND WATER
(PREVENTION AND CONTROL OF POLLUTION ACT 1974 AND
ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE
FOLLOWING:
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ORDER
K.SREEDHAR RAO, Ag.C.J. (Oral) :
Respondent no.3 is running a Sugar Factory. The petitioners have submitted that respondent no.3 has committed violations of the provisions of the Water and Air Pollution Acts and seek the following prayers in the Writ Petition.
" a) Issue a writ in the nature of mandamus or any other writ, direction or order, directing the respondent no.3 to stop the crushing operation forthwith till the respondent no.4 passes the consent order under the Provisions of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974.
b) Issue a writ in the nature of mandamus or any other writ, direction or order, directing the respondent no.4 to initiate criminal prosecution against the respondent no.3 for violating the provisions of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 and
c) issue a writ in the nature of mandamus or any other writ, direction or order directing the respondent nos.1 and 2 to take steps to determine the crushing capacity of the 6 respondent no.3 and further to de-reserve the cane command area of the said respondent no.3."
2. Respondent no.3 submits that vide Annexure-R.10 dated 22.12.2012 in the proceedings of the Pollution Control Board, it is stated that 'the consent for the period 01.07.2012 to 30.06.2013 will be issued after receipt of time bound action plan on the above points from the industry'. The counsel submits that in response to the said communication the action plan has been submitted and there are no violations committed by respondent no.3.
3. Counsel for respondent no.4 submits that pursuant to Annexure-R.10 inspection has been made and certain violations under the Water and Air Pollution Acts have been noticed and that a Report is communicated to respondent no.3 for removal of the violations.
4. Counsel for respondent no.3 submits that so far no communication in that regard is received from respondent no.4.
5. Counsel for the petitioners under a memo has produced the Inspection Report of the Pollution Control Board where the 7 violations of Water and Air Pollution Acts are noted and recommendations are made for initiating criminal action also.
6. In view of the submissions made and the material on record, respondent no.4 is directed to take proper action in accordance with law after considering the response of respondent no.3 to the objections noted in the Inspection Report. Accordingly, the writ petition is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE mv