- 1 - HC-KAR NC: 2026:KHC:33142-DB WP No. 9554 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.9554 OF 2026 (GM-POL) BETWEEN: M/S. YSR STONE CRUSHER A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR SRI SATISH RAJANNA SY.NO.185, MAKARAHALLI, TEKAL POST, MALUR TALUK, KOLAR DISTRICT-563137. …PETITIONER (BY SMT. MONICA PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINES & GEOLOGY, VIDHANA SOUDHA, BENGALURU-560 001. 2. DEPUTY COMMISSIONER & CHAIRMAN, DISTRICT STONE CRUSHERS, LICENSING AND REGULATORY AUTHORITY, KOLAR DISTRICT, KOLAR-563101. 3. DEPUTY DIRECTOR MINES AND GEOLOGY, MINERAL DIVISION, Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33142-DB WP No. 9554 of 2026 DEPARTMENT OF MINES & GEOLOGY, KOLAR-563101. 4. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISAR BHAVAN, NO.49, CHURCH STREET, BENGALURU - 560001 REPRESENTED BY ITS CHAIRMAN. 5. THE SENIOR ENVIRONMENTAL OFFICER ZONAL OFFICE, BENGALURU EAST KARNATAKA STATE POLLUTION CONTROL BOARD BENGALURU - 560001. 6. ENVIRONMENTAL OFFICER REGIONAL OFFICE, KOLAR KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, PLOT NO.14B KIADB INDL. AREA, BETHAMANGALA ROAD TAMAKA, KOLAR- 563101. …RESPONDENTS (BY MS. NILOUFER AKBAR, AGA FOR R-1 TO R-3; SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-4 TO R-6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED PROCEEDINGS BEARING NO.PCB/SEO/MINES/PH- PRO/2025-26/4981 DATED 19.02.2026 ("IMPUGNED ORDER") ISSUED BY THE RESPONDENT NO.4 (ANNEXURE-A) AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2026:KHC:33142-DB WP No. 9554 of 2026 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, impugning an order dated 19.02.2026 [impugned order], which the petitioner describes as a closure order. 2. The petitioner operates a stone crushing unit in Survey No.185, Makarahalli Village, Tekal Hobli, Malur Taluk, Kolar District, and is aggrieved by the impugned order, which is a record of the proceedings of the personal hearing held on 26.08.2025, which was issued on 19.02.2026. The impugned order indicates that the Officer who presided over the said meeting, had after taking note of the deliberations and submissions, recommended the following: "1. To issue Closure directions under section 33(A) of the Water Act, 1974 and section 31(A) of the Air Act, 1981 to the crusher unit, until the unit authorities ensures compliance with the relevant Acts and Regulations. 2. Further, the complainants may approach the Dept. of Mines & Geology, Govt. of Karnataka regarding issues arising from blasting activity, as the matter do not fall under the KSPCB's regulatory scope. 3. The Environmental Officer, Regional Office, Kolar shall ensure that the crusher unit does not operate until complete compliance is achieved and follow-up with the - 4 - HC-KAR NC: 2026:KHC:33142-DB WP No. 9554 of 2026 directions issued during the hearing and submit a progress report to the Board. 4. The Senior Environmental Officer, Zonal Office, Bengaluru-East shall ensure enforcement of the closure directions and supervise compliance measures." 3. Pursuant to the said directions, during the pendency of this petition, a closure order dated 18.05.2026 has been issued. 4. The learned counsel for the petitioner submits that the impugned order is required to be set aside, as it fails to take into account the petitioner's compliance report, which was furnished on 05.03.2026, following the personal hearing afforded to the petitioner. She also submits that the proceedings, which culminated in the impugned order, were initiated on the basis of complaints received from two persons described as social activists. On the basis of the complaints received, the Environmental Officer, Regional Office, Karnataka State Pollution Control Board [KSPCB] had issued a show-cause notice dated 02.05.2025, alleging violations of environmental norms. However, the petitioner had failed to respond to the said show-cause notice. The proceedings of the personal hearing held on 26.08.2025 indicate that the following non-compliances were noticed: - 5 - HC-KAR NC: 2026:KHC:33142-DB WP No. 9554 of 2026 "1. Not provided metal sheet coverings to the Primary crusher, Secondary Cone Crusher, Vibratory screens and conveyer belts. 2. At the time of inspection huge dust deposition was noticed in the crusher area & link road connected to the crusher. 3. Not provided continuous water sprinkling arrangements during operation phase of the crusher to control dust pollution to the surrounding environment. 4. Not provided metalled roads inside the crusher area. 5. Not installed chutes as required under the prescribed conditions. 6. Not made plantation as per the consent conditions. 7. Not submitted compliance details to consent conditions along with Ambient Air Quality monitoring reports." 5. The learned counsel for the petitioner submits that the said proceedings were initiated on the premise that the petitioner did not have a valid Consent for Operation [CFO]. However, the said premise is erroneous, as the petitioner was granted the CFO on 26.10.2019, which is valid for eight years. She also drew the attention of this Court to the compliance report dated 05.03.2026, which contains a tabular statement regarding the action taken by the petitioner in respect of the observations noted by the KSPCB. The said tabular statement is set out below: - 6 - HC-KAR NC: 2026:KHC:33142-DB WP No. 9554 of 2026 Sl. No. Observation / Non- Compliance Reported Action Taken / Present Status 1 Metal sheet coverings were not provided to the Primary Crusher, Secondary Cone Crusher, Vibratory Screens and Conveyor Belts. Metal sheet coverings have now been installed to the Primary Crusher, Secondary Cone Crusher, Vibratory Screens and Conveyor Belts to control dust emission and ensure compliance with pollution control norms. 2 During inspection, huge dust deposition was noticed in the crusher area and link road connected to the crusher. The crusher premises and link road have been cleaned and regular housekeeping practices are being followed. Periodic water sprinkling is being carried out to control dust deposition. 3 Continuous water sprinkling arrangements were not provided during operation phase to control dust pollution to surrounding area. Continuous water sprinkling system has been installed and is being operated regularly during crusher operations to control dust pollution. 4 Metalled roads were not provided inside the crusher area. Internal roads within the crusher premises have been properly levelled and metalled to reduce dust generation due to vehicle movement. 5 Chutes were not installed as required under prescribed conditions. Chutes have now been installed at the required locations in the crusher unit as per prescribed conditions to control dust emission during material transfer. - 7 - HC-KAR NC: 2026:KHC:33142-DB WP No. 9554 of 2026 6 Plantation was not carried out as per consent conditions. Green belt / plantation has been carried out along the boundary and within the crusher premises as per consent conditions. Additional plantation will be maintained periodically. 7 Compliance details along with Ambient Air Quality Monitoring reports were not submitted. Compliance details along with Ambient Air Quality Monitoring reports are being prepared and will be submitted regularly to the Board as per consent conditions. 6. It is material to note that one of the concerns expressed pertains to the absence of metalled roads within the crusher premises. The compliance report indicates that internal roads within the crusher area have been properly levelled and metalled to reduce dust generated by vehicle movement. Photographs have also been annexed to the present report. However, they do not support the assertion that the internal roads have been metalled. 7. The learned counsel for the petitioner submits that the KSPCB requires concrete roads to be laid inside the crusher premises. She submits that this is not feasible, as hundreds of trucks ply the said roads, and concrete roads would not withstand - 8 - HC-KAR NC: 2026:KHC:33142-DB WP No. 9554 of 2026 heavy vehicle traffic. She submits that the petitioner has therefore deployed a water-sprinkling system. 8. We find that the said contentions are not substantiated. It is difficult for this Court to comprehend the petitioner's contention that, while concrete roads would not be able to withstand the load of heavy vehicular traffic, mud roads coupled with a water sprinkler system would suffice. We also note that the petitioner had sufficient time to ensure that all anti-pollution norms were complied with. As noticed above, the CFO was obtained by the petitioner on 26.10.2019. However, even to date, the metalled roads have not been laid within the crusher premises. In view of the above, we find no infirmity in the KSPCB’s decision to issue the closure order, which was issued pursuant to the impugned order. 9. In view of the above, the petition is dismissed. We, however, clarify that if the petitioner complies with all anti-pollution norms and addresses the observations made by the KPSCB, the petitioner would not be precluded from applying for revocation of the closure order. Needless to state, if any such application is made, the same shall be considered in accordance with law. - 9 - HC-KAR NC: 2026:KHC:33142-DB WP No. 9554 of 2026 10. The pending interlocutory applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE MBM List No.: 2 Sl No.: 10