VINAYAKA GRANITE WORKS, A PROPRIETORSHIP CONCERN, SY NO. 152, BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT 563 101, REP. BY ITS PROPRIETOR, MR. K.M. JAYARAMA REDDY Vs. STATE OF KARNATAKA, DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHA

JUDGEMENT

(1.) SRI . R.G. Kolle, AGA accepts notice on behalf of respondent nos. 1, 3 to 6. Sri. D. Nagaraj, Advocate accepts notice for respondent No. 2. It is not in dispute that the question which arises for consideration in these petitions is covered on all fours by the order dated 21.11.2012 in WP No. 41069/2012. For facility of reference it is reproduced below;

(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.