Karnataka High Court
M/S Bright Rocks And Minerals vs Sri N M Nagaraj., Ias on 26 July, 2024
-1-
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CCC No. 937 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CIVIL CONTEMPT PETITION No. 937 OF 2022
BETWEEN:
1. M/S BRIGHT ROCKS AND MINERALS
PERESANDRA,
CHIKKABALLAPUR TALUK,
CHIKKABALLAPUR DISTRICT-562103,
REPRESENTED BY ITS PROPRIETOR,
SRI.R. MITHILESH,
SON OF SRI RAGHAVENDRA REDDY,
AGED MAJOR.
...COMPLAINANT
Digitally signed (BY SRI PRAKASH B. S., ADVOCATE)
by VALLI
MARIMUTHU AND:
Location: High
Court of
Karnataka 1. SRI N. M. NAGARAJ, I.A.S.,
DEPUTY COMMISSIONER
AND LICENSING AUTHORITY,
THE DISTRICT STONE CRUSHER LICENSING
AND REGULATION AUTHORITY,
CHIKKABALALPUR DISTRICT,
CHIKKABALLAPUR 562103.
2. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
COMMERCE AND INDUSTRIES DEPARTMENT,
(MSME AND MINES),
-2-
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CCC No. 937 of 2022
VIKASA SOUDHA,
BENGALURU-560001.
...ACCUSED
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 AND ARTICLE 215 OF
THE CONSTITUTION OF INDIA, BY THE COMPLAINANT,
PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST
THE ACCUSED / ALLEGED CONTEMNORS FOR WILLFULLY
AND DELIBERATELY DISOBEYING THE DIRECTION OF THIS
HON'BLE COURT VIDE JUDGMENT AND ORDER DATED
29.9.2021 PASSED IN AFOREMENTIONED WP No.17432/2021.
THIS CCC COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)
This contempt petition under Sections 11 and 12 of the
Contempt of Courts Act, 1971 read with Article 215 of the
Constitution of India complaining disobedience of the order in Writ
Petition No.17432 of 2021 dated 29.09.2021.
2. The complainant-writ petitioner filed an application dated
03.07.2015 for grant of licence to carry on stone crushing in an
area of 2 acres in Survey No.11 of Jonnalakunte Village,
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Chikkaballapura Taluk, Chikkaballapur District. It is stated that joint
inspection was conducted under sub section (3) of Section 6 of the
Karnataka Regulation of Stone Crushers Act, 2011 ['Act' for short].
The joint inspection report recommended to declare the area in
question as safer zone. The Licensing Authority issued
endorsement dated 31.03.2018 rejecting the application even
before the decision is taken on the joint inspection report to declare
the area as safer zone.
3. This Court in Writ Petition No.17432 of 2021 by following the
judgment in Writ Petition No.38928 of 2019 held that it is only after
declaration of safer zone on the basis of joint inspection report, the
application for grant of license can be considered. The
endorsement rejecting the application was much prior to
declaration of safer zone. This Court accordingly issued the
following directions,
"ORDER
(i) The impugned endorsement dated 31.03.2018
issued by Senior Geologist as per Annexure-A is quashed;
(ii) We direct the Licencing Authority to consider the
issue of declaration of safer zone on the basis of joint
inspection report at Annexure-D;
(iii) An appropriate decision shall be taken by the
Licencing Authority on the basis of Annexure-D as
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expeditiously as possible and in any event within a period
of two months from the date on which this order is web-
hosted ;
(iv) If the Licencing Authority decides to declare safer
zone, on the petitioner producing consent for operation
from the Karnataka State Pollution Control Board, the
application for grant of licence made by the petitioner shall
be decided in accordance with the provisions of Section 6-
A of the said Act of 2011;
(v) The issue as to whether the petitioner is entitled to
declaration of safer zone or not is kept open to be decided
by the Licensing Authority;
(vi) The writ petition is disposed of on above terms."
4. The complainant has preferred this contempt petition
contending that the respondents have disobeyed the directions
issued by this Court in Writ Petition No.17432 of 2021 dated
29.09.2021.
5. On service of notice, the respondents appeared and
compliance affidavit dated 09.11.2022 is filed. It is stated in the
compliance affidavit that the land in question at Sy.No.11 has been
granted to Sri. T. Anand S/o Tirumalappa and Sri. Srinivas S/o
Venkatarayapppa vide Order No.ROUSR 598/1999-2000. The
grantees are in possession of land and are cultivating. The joint
inspection was conducted on 27.10.2022 and it was recommended
to conclude as,
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"As the proposed land is already granted, the question
of declaration of safer zone does not arise".
6. It is stated that the land in question is not available for grant
of license, consideration to declare safer zone would not arise. It is
stated that the area in question is not free land and application of
the complainant is rejected by issuance of Form-D dated
28.10.2022.
7. Learned advocate for the complainant submits that Form-D
at Annexure-R5 is not in compliance of the directions of this Court
in Writ Petition No.17432 of 2021.
8. This Court perused the directions issued in Writ Petition
No.17432 of 2021 and the compliance affidavit along with the
enclosed documents. There is substantial compliance of the
directions issued in Writ Petition No.17432 of 2021. This Court
does not find any further reasons to proceed with the contempt.
9. In view of the endorsement at Annexure-R.5, nothing
survives to be proceeded further in this petition. It can hardly be
stated that there is disobedience of the order in question. The
contempt petition is accordingly disposed of.
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10. However, the complainant is reserved liberty to pursue any
legal remedy as available against the Form-D dated 28.10.2022, in
accordance with law and on its own merits.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
MV
