S. V. SAMATA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On 22nd November 2019, notice was ordered to be issued to the respondents. Accordingly, all the respondents are served.

(2.) Though the learned counsel appearing for the eighth respondent is not present, we find that eighth respondent will not be affected by the order which we propose to pass.

(3.) An application was made by the petitioner for grant of licence to run a stone crusher in accordance with the provisions of the Karnataka Regulation of Stone Crushers Act, 2011 (for short 'the said Act of 2011'). As could be seen from Annexure-D, a joint inspection was carried out in accordance with sub-sections (1), (2) and (3) of Section 6 of the said Act of 2011. After the joint inspection was carried out, it appears that a meeting of the Licensing Authority as defined under clause (f) read with clause (b) of the said Act of 2011 was held. In the said meeting which was held on 21st October 2017, it was resolved to reject the applications of the petitioner and others. As far as the application of the petitioner is concerned, in paragraph 87, it was observed that news channels have projected that excess stone crushing and stone quarrying activities have been permitted in Chikkaballapura Taluk which has resulted in environment pollution and contamination of surrounding water resources. It is thereafter recorded that it was decided to conduct Regional Environmental Impact Assessment through the Karnataka State Pollution Control Board. It is further observed that it has been decided not to receive any new applications within Chikkaballapura Taluk till receipt of report through the Forest Department regarding destruction of forests in the surrounding area. Therefore, the Licensing Authority decided to refuse the application.