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Judgment
The Government Advocate is directed to take notice for respondents No. 1 and 3. Sri. D. Nagaraj takes notice for respondent No. 2.
Sri. N.K. Gupta is directed to take notice for respondents No. 4 and 5.
The issue raised in this writ petition is covered by the earlier judgment of this court. Hence, the writ petition is taken up for final disposal.
The petitioner has sought for quashing the order dated 29-8-2012 passed by the second respondent calling upon the petitioner to close down the operation of stone crushing. The petitioner has contended that in view of coming into force of the Karnataka Regulation of Stone Crushing Act, 2011, (hereinafter referred to as ''the Act'') within a period of four months from the date of commencement of the Act, the Licensing Authority has to identify and declare the safer zone by notification specifying the area. Further provision is made to the person who is carrying on the business of stone crushing on the date of commencement of this Act with a license issued by the competent authority, shall apply to the Licensing Authority for issuance of license under Section- 4, of the Act, within a period of three months from the date of declaration of the safer zone. Further, existing stone crusher unit may be permitted to be allowed to function till the grant of license.
The case of the petitioner is that the third respondent by notification dated 09-10-2012 declared the safer zone in Bangalore Rural District. However, the second respondent without jurisdiction passed the order dated 29-08-2012 calling upon the petitioner to close down the crushing operation which is contrary to the Act. Being aggrieved by the said order, the present writ petition is filed.
The issue raised in this writ petition is covered by the judgment of the Division Bench of this court made in W.P. No. 41069/2012 disposed of on 21-11-2012. Following the said order, the present writ petition is also to be disposed of on the similar terms. Accordingly, the writ petition is allowed. The order dated 29-08-2012 passed by the second respondent is quashed. The petitioner is permitted to run the crushing unit for a further period of three months or till such time; the application is considered and disposed of by the Licensing Authority.