Karnataka High Court
M/S Prabhavathi Stone Crushers vs State Of Karnataka on 19 November, 2024
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WP No. 3358 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT PETITION NO. 3358 OF 2024 (GM-MM_S)
BETWEEN:
1. M/S PRABHAVATHI STONE CRUSHERS
REPRESENTED BY ITS PROPRIETOR,
SRI K S NARAYANA
AGED ABOUT 56 YEARS
S/O K V SRINVIASE GOWDA
DOOR NO.2712, 2ND CROSS,
17TH MAIN (SNAKE SHYAM ROAD)
2ND STAGE
VIJAYANAGAR
MYSORE-570030
Digitally ...PETITIONER
signed by (BY Ms. KUSUMA R PRASAD, ADVOCATE FOR
AMBIKA H B SRI. LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE)
Location:
High Court
of Karnataka AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF INDUSTRIES AND
COMMERCE (SSI AND TEXTILES)
M S BUILDING
BANGALORE-560001
2. DIRECTOR OF MINES AND GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD
BANGALORE-560001
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WP No. 3358 of 2024
3. DISTRICT REGULATION AND STONE CRUSHER AND
LICENSING AUTHORITY
REP BY DEPUTY COMMISSIONER CUM CHAIRMAN
MANDYA DISTRICT
MANDYA-571401
4. DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA-571401
5. THE SENIOR GEOLOGIST (MINES)
DEPARTMENT OF MINES AND GEOLOGY
VIDAYANAGAR 1ST CROSS,
MANDYA DISTRICT
MANDYA-571401
6. ASSISTANT EXECUTIVE ENGINEER
M/S CHAMUNDESHWARI ELECTRICITY SUPPLY
CORPORATION LIMITED,
PANDAVAPURA SUB DIVISION
NO.29, VIJAYANAGAR II STAGE
HINAKAL, MYSORE-57001
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 - R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO a) CALL FOR THE
RECORDS WHICH ULTIMATELY RESULTED IN ISSUING THE
IMPUGNED NOTICE ANNEXURE-A DATED 20/01/2024 PASSED BY
5TH RESPONDENT BEARING NO.DMG/SG/CRUSHER/KGG/2023-
24/3484 AND COMMUNICATION ANNEXURE-A1 DATED 20/01/2024
BEARING NO.SKM(E)/AE(T)CESC/2324/4053-55 BY THE 6TH
RESPONDENT TO 5TH RESPONDENT AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WP No. 3358 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Ms.Kusuma R. Prasad for learned
advocate Mr. Lakamapurmath Chidanandayya for the petitioner
and learned Additional Government Advocate Smt. Niloufer
Akbar for respondent Nos.1 to 5.
2. The petitioner happened to be the owner of the land
bearing Survey No.116/2 and 117/2 admeasuring 2 Acres
situated at Alaphalli Village, Pandavapura Taluka, Mandya
District which is situated around 7.5 kms. away from the dam
site. It is the case of the petitioner that it was not carrying on
any quarrying activity, nor using any blasting material but, it
was a crusher unit only.
2.1 The prayer in the petition was against the notice dated
20.01.2024. The said notice dated 20.01.2024 had reference
of the order of this Court dated 08.01.2024 passed in Writ
Petition No.19835 of 2023. On the basis of the same, the
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petitioner was directed to temporarily suspend all the crushing
activities in its patta land bearing Survey Nos.116/2, 117/2 at
the place in question.
3. An order of even date is passed in I.A. Nos.7 and 8 of 2024
in Writ Petition No.19835 of 2023. The discussion and reasons
supplied in the said order shall form reasoning of this order as well
as to be part. In the present petition accordingly the following
directions are issued,
(i) The Dam Safety Committee is directed to consider the
application of the petitioner after including an expert
officer/member as part of the Committee for the purpose of
deciding the application/representation of the petitioner. Such
expert officer/member from the Mining Department shall be
nominated by the Chief Secretary, Government of Karnataka to
the Committee.
(ii) The petitioner shall appear before the Dam Safety
Committee including the member as above on 21.11.2024 at
11.00 a.m.
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(iii) The Dam Safety Committee as constituted above shall
give hearing to the petitioner and examine the case put forward
by him claiming he is undertaking only crushing operations.
(iv) The application/representation of the petitioner shall be
decided by the Dam Safety Committee as above after factual
examination in accordance with law and on merits.
(v) Necessary decision shall be taken in each case on or
before 30.11.2024 .
(vi) The decision shall be communicated to the petitioner by
Registered AD Post.
(vii) This Court has not expressed any opinion on the merits of
the controversy.
The present petition stands disposed of as above.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
AHB
