N.H. CHIDAMDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is stated to have secured building stone quarrying lease and licence vide Ql. No. 682 in respect of an area of 01 acre in Sy. No. 6 of Suiebylu village in Shimoga Taluka and Shimoga District, for a period of five years from 30.04.2010 which is valid up to 29.03.2015. The petitioner claims to have obtained no objection certificate for carrying out blasting operations in the quarrying lease area as provided under the provisions of the Explosives Rules, 2008. Accordingly, admittedly, the petitioner is carrying out his stone quarrying activities with the aid of explosives.

(2.) THE grievance of the petitioner is that respondent No. 5, Deputy Commissioner and District Magistrate, Shimoga, has notified a part of the land bearing Sy. No. 6 as 'Safer Zone' under the provisions of the Karnataka Regulation of Stone Crushers Act, 2011, and respondent No. 6 is allotted land for their stone crusher unit within 200 meters of the quarrying lease area occupied by the petitioner. It is the contention of petitioner that since petitioner has been permitted to carry out quarrying activity with the help of explosives, permitting respondent No. 6 to put up a stone crusher unit within the buffer zone of 200 meters is impermissible under the Karnataka Minor Mineral Concession Rules, 1994 (KMMC Rules' for short) as also the Explosives Rules, 2008 It was submitted that if the stone crusher unit is allowed to be set up and operated by respondent No. 6, petitioner will not be able to carry out his lawful activities. The petitioner has sought to indirectly challenge notification dated 07.02.2013 of the Deputy Commissioner, Shimoga, whereby lands adjoining the area leased out to petitioner are declared as 'Safer Zone' for stone crusher units.

(3.) LEARNED Additional Government Advocate submitted that petitioner is required to abide by law and can use explosives only subject to conditions contained in their licence issued there for and also without violating the provisions of KMMC Rules. The use of explosives in the leased area is regulated by the provisions of Rule 6 of KMMC Rules, 1994, as also conditions of quarrying lease/licence which are prescribed in Form -E of KMMC Rules. Sub -Rules (2) and (3) of Rule 6 of KMMC Rules, read as under;