Ramji Granites vs The Karnataka State Pollution Control Board and Others

P.D. Waingankar, J.—In this writ petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of Cr.P.C. the petitioner has sought for the issue of writ of certiorari quashing the order No. LND/CR-145/14-15 dated 18.06.2015 passed by the respondent No. 4-the Assistant Commissioner and Sub-Divisional Magistrate, Bagalkot Sub-Division, Bagalkot, under Section 133 of Code of Criminal Procedure, whereby he ordered for closure of the Granite Factory run by the petitioner.

The petitioner is engaged in cutting and polishing of Granite blocks to produce granite slabs/tiles in Hungund Taluk of Bagalkot District by taking necessary permission from the concerned authorities to run the industries. One Sharanappa the Secretary of Janajagrutha Vedike, Ilakal and residents of Ashraya Colony lodged a complaint before the respondent No. 4-Sub-Divisional Magistrate alleging that the petitioner is not properly disposing the solid waste in the form of sludge generated from the Granite Industries which is causing nuisance to the complainant and the public at large. Taking note of contents of the complaint, they were directed to close their industries. The petitioner who is the member of Granite Industries Owners'' Association approached the Karnataka State Pollution Control Board and gave an undertaking that they would run their factories without causing any nuisance or environmental pollution. As such, the direction dated 01.08.2014 issued for closure of 59 Granite Industries was revoked. Despite the revocation of the closure order passed by the Pollution Control Board, the complainant once again made a complaint dated 30.09.2014 to the respondent Nos. 1 to 3 Pollution control Board and Deputy Commissioner and thereby once again sought for closure of the Granite Industries. Respondent No. 1-Pollution Control Board constituted a committee to carry on the inspection in respect of the sludge disposal sites. The committee inspected the site and submitted a report dated 14.01.2015 to the respondent No. 1. Based on the said report, the respondent No. 4-Sub-Divisional Magistrate by order 18.06.2015 directed all the petitioner who is the owner of the Granite Industries to stop the operation of the industries. Aggrieved by the order dated 18.06.2015, these writ petitions are filed having exhausted all remedies available in law.

I have heard the learned counsel for the writ petitioner, the learned Government Advocate, the Officer of the Pollution Control Board, the Sub-Divisional Magistrate, Bagalkot and the learned Advocate appearing for respondent No. 5-Annajirao Hanumanth Rao.

The learned counsel appearing for the writ petitioner would submit before me that as per the undertaking given by the petitioner to the Karnataka Pollution Control Board, they have made substantial compliance, they have been clearing the sludge generated from the Granite Industries by pressing into service 50 lorries though they could not fully comply the undertaking given by them within a stipulated period of six months. It is further submitted that they would further expedite the removal of the remaining sludge so as to clear the same in another six months. Due to the impugned order passed by the Sub-Divisional Magistrate, granite factory of the petitioner is closed, all persons working in Granite Industries of the petitioner''s have lost their employment and if the impugned order is not quashed the petitioner and the workers would be put to great hardship.

The Officer of the Pollution Control Board and the Sub-Divisional Magistrate who were present before the Court have submitted that the petitioner has made a substantial progress in removing the sludge by pressing into service 50 lorries for the said purpose, they have also undertaken to clear the entire sludge within a further period of six months and as such the Officer of the Pollution Control Board and Sub-Divisional Magistrate submitted that they have no objections to quash the impugned order so as to permit the petitioners to start their Granite Factories and operate for another period of six months from the date of this order during which period they shall go on clearing the sludge generated by them and to comply all the terms of undertaking given by them to the Pollution Control Board.

The learned counsel for the respondent No. 5 would contend that since the subject matter of these writ petitions pertains to environmental aspect, they will have to be heard and decided by the Green Bench headed by the Hon''ble Chief Justice at the Principal Bench of the High Court at Bengaluru.

The Court sought for the present status report with regard to removal of sludge dumped on the banks of water bodies and various other places. Accordingly, the report has been submitted by the counsel for the Pollution Control Board duly signed by Environmental Officer, Deputy Director Industries and Commerce, Deputy Director, Department of Mines and Geology and Assistant Environmental Officer. From the report, it is noticed that some progress has been made for removal of the sludge if not substantial progress. Still much more remains to be done in terms of undertaking given before the Pollution Control Board. Taking into consideration the status report, the submission made by the Officer of the Pollution Control Board and the Sub-Divisional Magistrate, Bagalkot, I am inclined to quash the impugned order passed by the Sub-Divisional Magistrate for closure of the Granite Factory of the petitioner and permit him to start and operate his Granite Factory subject to certain conditions to strike a balance between the interest of the petitioner vis-�-vis the interest of the public at large. Accordingly, I proceed to pass the following

These writ petitions are allowed. The impugned order No. LND/CR-145/14-45 dated 18.06.2015 passed by the respondent No. 4-the Assistant Commissioner and Sub-Divisional Magistrate, Bagalkot Sub-Division, Bagalkot, under Section 133 of Code of Criminal Procedure (Annexure-J) is hereby quashed permitting the petitioner to start and operate their Granite Industries for a period of six months from the date of this order subject to the following conditions:--

"i) that the petitioner shall comply all the terms incorporated in the undertaking given by the President of the Ilkal Granite Industries Owners'' Association to the Karnataka State Pollution Control Board in letter and spirit within a period of Six months from the date of this order;

ii) the petitioner shall submit status report every month for a period of six months before the Additional Registrar General, High Court of Karnataka, Dharwad Bench after service of the copy of the report to the Environmental Officer, Pollution Control Board, Bagalkot and Sub-Divisional Magistrate, Bagalkot."