M/S Apple Stone Crushers, Vs the State of Karnataka

REP. BY ITS PARTNER - P. N. CHANNAKRISHNA REDDY S/O. CHIKKANARAYANA REDDY AGED ABOUT 68 YEARS NO.41, PERESANDRA VILLAGE AND POST CHIKKABALLAPURA - 562 104 CHIKKABALLAPURA TALUKA AND DISTRICT

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(BY SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)

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AND:

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…PETITIONER

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THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY ROOM NO. 320, 3^RD FLOOR VIDHANA SOUDHA BENGALURU - 560 001.

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HC-KAR

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THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY CHIKKABALLAPURA

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OFFICE OF THE DEPUTY COMMISSIONER CHIKKABALLAPURA - 562 101

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THE DEPUTY DIRECTOR AND MEMBER SECRETARY DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY DEPARTMENT OF MINES AND GEOLOGY CHIKKABALLAPURA - 562 101.

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…RESPONDENTS

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(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE 2^ND RESPONDENT DEPUTY COMMISSIONER AS THE CHAIRMAN OF DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY, TO ISSUE A CERTIFICATE OF COMPLIANCE IN FORM-B1 BY PUBLISHING A NOTIFICATION DECLARING THE APPLIED AREA AS SAFER ZONE IN TERMS OF SEC.6(3) OF STONE CRUSHERS ACT, TO AN EXTENT OF 04-00 ACRES IN GOVERNMENT LAND BEARING SY No.168 OF VARLAKONDA VILLAGE, GUDIBANDE TALUKA, CHIKKABALLAPURA DISTRICT, PURSUANT TO A JOINT INSPECTION REPORT DATED 08.01.2025 PRODUCED AT ANNEXURE-C & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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Issue notice.

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Shri K.S. Harish, the learned Government Advocate accepts notice for the respondents.

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The petitioner had made an application for grant of licence on 04.10.2021 in the prescribed form, to operate a store crusher unit over an area measuring 4 acres in Government land falling in Survey No. 168 of Varlakonda village, Gudibande Taluk, Chikkaballapur District.

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The petitioner states that he had also submitted a sketch containing GPS latitude and longitude of the applied area. Although the said sketch was submitted on 26.12.2024, no immediate steps were taken. The petitioner claims that he had sent repeated requests to the third respondent to conduct a joint inspection, which was finally conducted on 08.01.2025. It is claimed that the

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HC-KAR

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recommendation has also been made by the concerned authorities. However, a declaration for a 'safer zone' under Section 6 (3) of the Regulation of Stone Crushes Act, 2011, has not been issued.

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The learned counsel for the petitioner has relied on a judgment of the Co-ordinate Bench of this Court in Writ Petition Nos.14298/2021 and 14300/2021 (GM-MM-S) decided on 25.08.2021, whereby the said petition seeking similar reliefs was disposed of in the following terms:

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"4. Hence, we dispose of the petitions by passing the following order:

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(i) We direct the Licensing Authority in both the cases to take a decision on the issue of declaration of safer zone as required by sub-section (2) of Section 4 read with sub-section (3) of Section 6 of the said Act of 2011 within a maximum period of three weeks from today;

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(ii) If a decision is taken to declare the locations as falling in safer zone, the certificates to that effect in Form - B1 prescribed by the said Rules of 2012 shall be forthwith issued to the petitioners;

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HC-KAR

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(iii) If the certificates in Form B1 are issued to the petitioners, they will have to obtain Consent for Operation from the Karnataka State Pollution Control Board;

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(iv) As and when the Consent for Operation is produced by the petitioners, the cases of the petitioners shall be considered by the Licensing Authority in its immediately next meeting in accordance with subsection (2) of Section 6A of the said Act of 2011;

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(v) The petitions are disposed of with the above directions."

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Learned counsel for the petitioner submits that the present petition may be disposed of in the aforesaid terms.

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The learned Government Advocate appearing for the respondents, readily accepts the said suggestion.

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In view of the above, we dispose of the present petition by directing the concerned authorities to take a decision on the issue of declaration of 'safer zone' as required under Section 6(3) of the Regulation of Stone Crushers Act, 2011. If the area is found to be falling within the 'safer zone', the concerned authority shall issue the necessary certificate / licence in the prescribed form, subject to

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