A.N.PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has assailed an Order dated 23rd December 2019 passed by the fourth respondent acting on the Orders of the third respondent (Regional Commissioner) by which the Certificate of Compliance in Form B1 dated 17th December 2018 was suspended on the purported ground that it was issued without reference to two circulars, one issued by the Commissioner, Department of Survey Settlement and Land Records, dated 20th April 2018 and another issued by the first respondent dated 6th August 2009. By the impugned Order, the third respondent directed the reconsideration of Form B1 in accordance with the circular issued by the third respondent dated 6th December 2019. The petitioner has also assailed the consequent notice issued by the fifth respondent dated 31st December 2019 intimating the petitioner about the suspension of the Certificate of Compliance.

(2.) The documents annexed to the writ petition reveal that the petitioner had filed an application in Form A on 8th June 2016 for a licence to establish a stone crushing unit which was accompanied by a declaration in Form A1 that the location of the stone crusher conformed to the requirement of sub-sections (1) and (2) of Section 6 of the Karnataka Regulation of Stone Crushers Act, 2011 (henceforth referred to as "the said Act of 2011"). On receipt of the application for grant of licence, a joint inspection was conducted on 22nd November 2017 following which, the Deputy Commissioner, Kolar being the Licensing Authority published a notification on 13th December 2018 declaring 1-20 Acre in Sy. No.167 of Agara village, Malur Taluk, Kolar District, as a Safer Zone under sub-section (3) of Section 6 of the said Act of 2011. Later, the fifth respondent issued a Certificate of Compliance in Form B1 on 17th December 2018 in accordance with sub-rule (2) of Rule 3 of the Karnataka Regulation of Stone Crushers Rules, 2012 (henceforth referred as "the said Rules of 2012"). The petitioner then applied for a consent for establishment which was granted by the Karnataka State Pollution Control Board in the name of M/s.Trisha Stone Crusher in terms of the Consent for Establishment dated 4th January 2019.

(3.) Even before the Licensing Authority could grant a licence to the petitioner, the fourth respondent acting on the directions of the third respondent issued the impugned order suspending the Certificate of Compliance in Form B1 on the purported ground that it was issued without reference to the circular dated 20th April 2018 issued by the Commissioner, Department of Survey Settlement and Land Records, Bengaluru and the circular dated 6th August 2009 issued by the Government. The fourth respondent as delegate of the third respondent thus, directed the fifth respondent to reconsider the issuance of the Certificate of Compliance in accordance with the circular dated 6th August 2009 issued by the third respondent.