VIRUPAXAPPA, CHANNAVEERAPPA, SHANMUKAPPA ALL S/O. RUDRAPPA BELLARY AND SMT. NIRMALAVVA W/O. SHANMUKAPPA BELLARY Vs. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPT. OF MINES AND GEOLOGY AND OTHERS

JUDGEMENT

(1.) HEARD learned Counsel appearing for the petitioners. High Court Government Advocate is directed to take notice to respondents 1 and 2 and Mr. D. Nagaraj is directed to take notice to respondent 3.

(2.) ON perusal of the records, especially Annexure -D dated 23.9.2009, we note that the so -called permission granted to the private party who is made as respondent 5 in this proceedings, is only a provisional consent. It is issued to the 5th respondent to proceed with the formalities, namely to obtain necessary clearance from other statutory departments. He is specifically directed not to proceed with trial or regular production. In other words before commencement of regular production or trial, they have to obtain a separate consent of the Board for operation.

(3.) THE petitioners seems to be the owners of neighbouring land of the proposed unit of stone crushing to be set up by the 5th respondent. If they have any grievance, they are at liberty to approach the 3rd respondent bringing to their notice their apprehension of pollution from the so -called stone unit proposed to be set up by the 5th respondent. Even otherwise, the order under challenge is an appellable order.