- 1 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 550 OF 2024 (GM-RES) BETWEEN: 1. SRI. MANJUNATH K., S/O KRISHNAPPA, AGED ABOUT 48 YEARS RESIDENT OF No. 80, DHANAMATANAHALLI VILLAGE, MEDIHALLA POST, KOLAR TALUKA AND DISTRICT, PIN - 563101. PAN No. APUPM8419C, AADHAR No.404594254600, MOB. 9591333049. BANK NAME: BANK OF BARODA, S. B. A/C No.40350100029688, BRANCH: 1ST CROSS, IBRAHIM STREET, OPP: KSRTC BUS STAND, KOLAR - 563101. 2. SRI S. MUNISHAMIREDDY, S/O SRINIVASAPPA, AGED ABOUT 41 YEARS, RESIDENT OF DHANAMATANAHALLI VILLAGE, MEDIHALLA POST, KOLAR TALUK AND DISTRICT, PIN - 563101, PAN No. CBKPM 3257J, AADHAR No. 655153642260, BANK NAME SBI SB A/C No.54058930889, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 BRANCH VEMAGAL CHINTAMANI ROAD, KOLAR - 563157, EMAIL: mmunishamireddy60@gmail.com, 3. SRI V. NATRAJ, S/O D. T. VENKATARAMAIAH, AGED ABOUT 38 YEARS, RESIDENT OF DHANAMATANAHALLI VILLAGE, MEDIHALLA POST, KOLAR TALUK AND DISTRICT, PIN - 563101, PAN No. BOJPN2683E, AADHAR No. 383234901014, BANK SBI, SB A/C No. 64021149167, BRANCH VEMAGAL CHINTAMANI ROAD, KOLAR - 563157, MOB : 9980430020, EMAIL: natarajv99@gmail.com. …PETITIONERS (BY SRI K. S. NARESH SANTHOSH, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BENGALURU - 560001. 2. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, VIKASA SOUDHA, BANGALORE - 560001. 3. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563101. - 3 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 4. KARNATAKA STATE POLLUTIN CONTROL BOARD, REGIONAL OFFICE, PLOT No.14B, PARISARA BHAVAN, KIADB INDUSTRIAL AREA, BETHAMANGALA ROAD, TAMAKA, KOLAR - 563101. 5. SHETTIHALLI GRAM PANCHAYAT, BY ITS PANCHAYATH DEVELOPMENT OFFICER, SHETTIHALLI, KOLAR TALUK AND DISTRICT PIN - 563101. 6. M/S LANCOHOSKOTE HIGHWAY LIMITED, REPRESENTED BY ITS PROPRIETOR (HOT MIX PLANT), SY No.59, MEDIHALA VILLAGE, VEMGAL HOBLI, KOLAR TALUK AND DISTRICT-563101. 7. M/S PRASHANTH CRUSHERS PVT. LTD., REPRESENTED BY ITS PROPRIETOR, SRI .C. SONNEGOWDA, S/O CHOWDEGOWDA, MAJOR, SY No. 56 , MADIHALA VILLAGE, VEMGAL HOBLI, KOLAR TALUK AND DISTRICT - 563101. 8. M/S KALYAN TOLL INFRASTRUCTURE LIMITED., REPRESENTED BY ITS PROPRIETOR, No. 15/3, VIDYADEEP MANORAMA GANG, INDOORE, MADHYA PRADESH - 452001. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3; SMT. S.V. SHYLAJA, ADVOCATE FOR R4; SRI B.J. SOMAYAJI, ADVOCATE FOR R5; SRI G.A. SATISH, ADVOCATE FOR R6 & R8; SMT. N. ANITHA, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES TO STOP FUNCTIONING OF THE - 4 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 RESPONDENT UNIT AT SY.No.59, MEDIHALA VILLAGE, VEMGALHOBLI, KOLAR TALUK AND DISTRICT OR DIRECT THEM TO SEE THAT THE RESPONDENT UNIT IS SHIFTED TO SOME OTHER LOCATION IMMEDIATELY AS PRAYED FOR BY THE PETITIONERS VIDE REPRESENTATIONS DATED 04/12/2013 AND 05/12/2013 COPIES OF WHICH ARE PRODUCED AT ANNEXURES-L TO R AND AS DIRECTED IN THE NOTICES ISSUED BY THE POLLUTION CONTROL BOARD, DATED 02/12/2023 AND 08/12/2023 COPIES OF WHICH ARE PRODUCED AT ANNEXURES-K AND S RESPECTIVELY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard learned advocate Mr. K. S. Naresh Santhosh appearing for the petitioners, learned Additional Government Advocate Smt. Niloufer Akbar appearing for respondent Nos.1 to 3, learned advocate Smt. S. V. Shylaja appearing for respondent No.4-Karnataka State Pollution Control Board, learend advocate Mr. B. J. Somayaji for respodnent No.5, learend advocate - 5 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 Mr. G.A. Satish appearing for respondent Nos.6 and 8 and learend advocate Smt. N. Anitha appearing for respondnet No.7. 2. The present petition, styled as a public interest litigation, has been filed with a prayer to direct the respondent-authorities to stop the functioning of the Hot Mix Plant operated by respondent Nos.6 and 8, situated in Sy. No. 59 of Medihala Village, Vemagal Hobli, Kolar Taluk and District, or, alternatively, to relocate the said unit. 3. The petitioners are stated to be residents of the locality and farmers engaged in agricultural operations. It is averred that the dust and smoke emitted from the Hot Mix Plant operated by respondent Nos.6 and 8 are causing environmental hazards. It is further stated that due to the pollution, agricultural crops are being damaged, and students studying in nearby villages and schools are severely affected, apart from health issues being caused to the residents of the surrounding villages. It is also submitted that the representations made to the respondent-authorities, seeking appropriate action to prevent the pollution caused by the Hot Mix Plant, have not evoked any response. Hence, the present petition. - 6 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 4. Learned counsel for the petitioners submits that respondent Nos.6 and 8 are operating a Hot Mix Plant in Sy. No.59 of Medihala Village, Vemagal Hobli, Kolar Taluk and District without adhering to the prescribed safeguards and pollution control norms. It is submitted that the licence granted by respondent No.3 pertains to a stone polishing business however, the Hot Mix Plant is being operated without due authority. On account of the illegal operation of the Hot Mix Plant by respondent Nos.6 and 8, the residents of the locality are suffering from dust, smoke, and other environmental hazards. It is further submitted that the dust and smoke emitted from the said unit are seriously affecting school-going children, both in terms of their health and academic performance. Although the matter was brought to the notice of the concerned respondent- authorities, no appropriate action has been taken by them. 5. Learned advocate Smt. S.V. Shylaja appearing for respondent No.4–Karnataka State Pollution Control Board [hereinafter referred to as 'the Board' for short], by inviting the attention of the Court to the statement of objections, submits that a joint inspection was conducted by the Environmental Officer of the Regional Office, pursuant to which a notice was issued to - 7 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 respondent No.8 with respect to certain discrepancies that were observed. It is submitted that respondent No.8 has furnished a reply to the said notice. It is further submitted that the Environmental Officer of the Board once again conducted an inspection on 16.08.2024, during which it was found that the Hot Mix Plant had not been in operation for the preceding four months. 6. Learned advocate Mr. G. A. Satish, appearing for respondent Nos.6 and 8, submits that the Hot Mix Plant was operated in compliance with the applicable guidelines and safeguards. While refuting the allegations of violations made in the petition, learned advocate submits that the Hot Mix Plant in question has not been in operation since 21.03.2024. It is further submitted that respondent Nos.6 and 8 have no intention of continuing the operations of the Hot Mix Plant at the present location. Learned advocate further submits that respondent Nos.6 and 8 have initiated the process of relocating the plant to another suitable location, and the same shall be completed at the earliest. It is also submitted that the fact of non-operation of the Hot Mix Plant has been duly communicated to respondent No.4 – the Board and upon inspection, the Board has confirmed that the unit is not in operation. Furthermore, it is - 8 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 submitted that the Board has issued directions for closure of the plant, and respondent Nos. 6 and 8 undertake to abide by such directions. It is submitted that by letter dated 28.03.2025, the Board has been requested to accept surrender of approval and to withdraw the closure order. If request for surrender is accepted, commencement of Hot mix plant is not possible. 7. Learned Additional Government Advocate Smt. Niloufer Akbar appearing for respondent Nos.1 to 3 submits that having regard to the scope of the prayer made in the petition and in view of the fact that the Hot Mix Plant is not in operation as on date and respondent Nos. 6 and 8 are in the process of relocating the plant, the present petition does not survive for consideration. 8. Having heard the learned advocates for the parties and upon perusal of the record, the contention that the Hot Mix Plant operated by respondent Nos.6 and 8 caused dust and smoke pollution, adversely impacting agricultural operations and the health of the residents in the locality, no longer requires further consideration. As reflected in the statement of objections filed by respondent No.4 – the Board, certain issues of concern were identified and respondent Nos.6 and 8 were accordingly notified. - 9 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 While regulatory and compliance measures were underway, respondent Nos.6 and 8 informed that they had voluntarily ceased operations of the Hot Mix Plant with effect from 21.03.2024. Respondent No.4 – the Board, upon consideration of the Joint Inspection Report and subsequent compliance measures purportedly undertaken by respondent Nos.6 and 8, issued an order for the closure of the plant. In the meantime, respondent Nos.6 and 8 submitted letter dated 28.03.2025 to withdraw the closure order and accept surrender the consent for operation. It is further stated by the Board that during a personal inspection conducted on 16.08.2024, it was confirmed that the Hot Mix Plant was not in operation, and it was informed that steps were being taken to relocate the unit. This position is reiterated in the statement of objections filed by respondent Nos.6 and 8 dated 01.04.2025, wherein it is explicitly stated that the operations of the Hot Mix Plant were voluntarily ceased on 21.03.2024, and that the process of relocation is underway and shall be completed at the earliest. 9. Be that as it may, having regard to the limited prayer in the writ petition seeking a direction to stop the operations of the Hot - 10 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 Mix Plant or to relocate the same, and in view of the submissions made by the learned advocate for respondent No.4 – the Board, as well as the learned advocate for respondent Nos.6 and 8, and as stated in their respective statements of objections, it is evident that the Hot Mix Plant is not in operation as on date and steps have been initiated for its relocation. The letter dated 28.03.2025 by respondent Nos.6 and 8 addressed to the Board also indicates the intention to relocate the Hot Mix Plant. In that view of the matter, the reliefs sought in the writ petition stand substantially complied with, rendering the petition infructuous. 10. In the light of the above, the following, ORDER (i) Writ petition is disposed of. (ii) Respondent No.4 – the Board shall ensure that the Hot Mix Plant established in Sy. No.59 of Medihala Village, Vemagal Hobli, Kolar Taluk and District is relocated, as undertaken by respondent Nos.6 and 8. (iii) Respondent Nos.6 and 8 shall abide by the statements made in their objections, wherein it is affirmed that the - 11 - NC: 2025:KHC:15927-DB WP No. 550 of 2024 Hot Mix Plant is not operational and that it will be relocated at the earliest (iv) No order as to costs. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 1