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2025 DAILYLAW 88560 (KAR)

M/S.AKASH R HANJI SAND STONE CRUSHER PRODUCTS v. KARNATAKA STATED POLLUTION CONTROL BOARD

WP/9231/2025 · 2025-08-20

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32342-DB WP No. 9231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 9231 OF 2025 (GM-POL) BETWEEN: 1. M/S. AKASH R HANJI SAND STONE CRUSHER PRODUCTS HAVING ITS OFFICE AT SY NO.108-16 JINARAL VILLAGE, HUKKERI TALUK BELAGAVI DISTRICT REPRESENTED BY ITS PROPRIETOR R. RAVINDRA HANJI …PETITIONER (BY SRI GAUTAM SHREEDHAR BHARADWAJ, ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD (KSPCB) HAVING ITS OFFICE AT PARISARA BHAVAN 1ST FLOOR TO 5TH FLOOR NO. 49, CHURCH STREET BANGALORE - 560 001 2. THE LICENSING AUTHORITY AND DEPUTY CHAIRMAN COMMISSIONER THE DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY BELAGAVI DISTRICT BELAGAVI - 590 001 …RESPONDENTS (SRI MAHESH A. CHOWDHARY, ADVOCATE FOR R-1 & SMT. NILOUFER AKBAR, AGA FOR R-2) Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32342-DB WP No. 9231 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO DIRECT RESPONDENT NO.1 AUTHORITY TO PASS FINAL ORDERS ON THE REPRESENTATION OF THE PETITIONER DATED 09/09/2019 (ANNEXURE-AR) 02/12/2019 (ANNEXURE-AV), 16/03/2021 (ANNEXURE-BA), 14/09/2021 (ANNEXURE-BE) AND ITS OWN COMMUNICATION DATED 26/05/2023 (ANNEXURE-BG-1) READ WITH REPORT DATED 08/08/2023 (ANNEXURE-BH) & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. After some arguments, the learned counsel for the petitioner states that he shall make a fresh application for establishment of crusher unit followed by an application for Consent For Operation [COF] as considerable time has since elapsed. 2. We also note that there is a serious issue regarding the location of the petitioner's unit and whether adequate measures have been taken for ensuring that no pollutant are disbursed in the environment. The concerned authority shall examine the same before according any permission. Needless to state, if an application is made, the same shall be considered in accordance with law and after affording the petitioner necessary opportunity to be heard. - 3 - HC-KAR NC: 2025:KHC:32342-DB WP No. 9231 of 2025 3. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB, List No.: 1 Sl No.: 10