On Friday, the Karnataka High Court ordered issue of notice to the State Govt on a Public Interest Litigation questioning the correctness of promulgating an Ordinance during the pandemic without any public urgency to dilute the law regulating safe zone norms for stone crushers.
The PIL has questioned the correctness of the exercise of power in law, citing urgency, to promulgate the Karnataka Regulation of Stone Crushers (Amendment) Ordinance, 2020 on March 31, 2020.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka & Justice H.P. Sandesh passed the order on the plea filed by R. Anjaneya Reddy from Chickballapur.
The Ordinance was promulgated to amend the Karnataka Regulation of Stone Crushers Act, 2012, which was enacted to define the safer zones for stone-crushing activities & regulate them.
The plea alleged that “The promulgation of the Ordinance was bad in law as there was no specific public emergency that existed which rendered it necessary for the Governor to take immediate action by promulgating an Ordinance & amend the provision of a particular legislation during the period of national lockdown. It is evident that the amendment was carried out during the lockdown period solely with an intention to aid & support the mining & crusher lobby which veiled its hands in the corridor of power".
Pointing out that the 2012 Act was enacted based on the directions of the High Court & the Supreme Court to protect the environment by regulating stone-crushing activities, the petitioner has contended the Ordinance only benefits private individuals & companies, & not the environment.
The amended provisions relaxed the licensing condition by allowing transfer of license, extension of license from the existing five years to 20 years, & permitting setting up of crushing units within 100 meters by reducing safer zone limit only to 50m distance from major district roads, the petitioner pointed out.
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