ASHOK SHEKAPPA MUDAKAVI v. GOVERNMENT OF KARNATAKA
2014-12-16
D.H.WAGHELA, R.B.BUDIHAL
body2014
DigiLaw.ai
ORDER : D.H. WAGHELA, J. 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 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.
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 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. 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.
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 restart 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 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 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.