K MUNISWAMY GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners, in substance are seeking an appropriate writ or direction against the respondents for shutting down of the rice mill set up by the 8th respondent, which is situated contiguous to the residential house of the petitioners causing health hazards by emitting husk and dust in the entire atmosphere surrounding the area, resulting in violation of the fundamental right of the petitioners as also the Pollution Control Laws. MATERIAL FACTS

(2.) THE petitioners are having their residential house in Gandhinagar lying within the territorial jurisdiction of Kolar Town Municipality. Pursuant to grant of permit dt. 18-9-1993 (Annexure 'd') issued under Section 5 of the Rice Milling (Regulation) Act, 1958 (in short the 'rice Milling Act' only) the 8th respondent has established a sheller type ricemilling industry next to the house of the petitioners. Subsequently, he has also been granted license dt. 22/28-2-1994 under the said Act which was valid up to 31-12-1994. Thereafter, the same was renewed by the Deputy Commissioner by his order dt. 16-6-1995 (Annexure 'b') for the period 1-1-1995 to 31-12-1997 with certain conditions to be noticed hereunder. However, this order was modified in some material aspects by the subsequent order dt. 31-8-1995 (Annexure 'a'), the legality whereof has been called in question by the petitioners in the present proceedings.

(3.) IT is a matter of record that even before grant of license to the 8th respondent, the petitioners, on 18-12-1993 had lodged their written objection with the respondent-Deputy Commissioner on the ground that the running of the proposed industry would cause intolerable disturbance and pollution. Keeping in view the said objection, the then Deputy Commissioner made a spot inspection of the Mill on 29-1-1994 in the presence of the 8th respondent as well as the petitioners and in order to remedy the grievance of the petitioners certain directions like raising of walls to 18 feet, downing the face of the hose pipe, etc. , were given, to which the owner of the mill agreed. But it seems the down facing of the hose pipe proved insufficient for arresting the air pollution caused by the Industry. Therefore, the petitioner No. 1, who is also suffering from Bronchitis lung disease and the pollution caused by the industry was aggravating the same causing major health hazard, made another application dated 7-2-1995 to the Deputy Commissioner requesting for closure of shifting of the industry.