LAWS(KAR)-2012-12-184

HEMAGIRI INDUSTRIES, STONE CRUSHER UNIT, PARTNER: H HEMADRI, M/S DODDABASAVESHWARA STONE CRUSHER UNIT, PRO: SRI N. RAVINDRA GOUDA, M/S JYOTHI STONE CRUSHER, PRO: SRI. T. KOTESHWARA RAO AND SREE NANDI STONE CRUSHER, PRO: C. RAJA REDDY Vs. THE STA

Decided On December 13, 2012
Hemagiri Industries, Stone Crusher Unit, Partner: H Hemadri, M/S Doddabasaveshwara Stone Crusher Unit, Pro: Sri N. Ravindra Gouda, M/S Jyothi Stone Crusher, Pro: Sri. T. Koteshwara Rao And Sree Nandi Stone Crusher, Pro: C. Raja Reddy Appellant
V/S
The Sta Respondents

JUDGEMENT

(1.) SRI . R.G. Kolle, AGA accepts notice on behalf of respondent nos. 1 and 3.

(2.) IN these circumstances, the Petition is allowed by directing the Respondents to permit the operation of the Petitioner at the present site up to 23.12.2012 or till such time the application is considered and disposed of, by the Licensing Authority.

(3.) IN the circumstances of the present case however, a piquant situation has arisen, inasmuch as the Pollution Control Board cannot grant permission to the Petitioner to operate in its present site, since it must statutorily relocate to a safer zone as identified by the State. Needless to add that if and when the petitioner is granted a license to relocate a safer zone, conditions under Section 6(9) of the Act will have to be complied with as also the permission would have to be obtained from the Board.