ORDER :

Abhay Shreeniwas Oka, C.J.

1. The submissions of the learned counsel appearing for the parties were heard yesterday.

FACTUAL MATRIX

2. The challenge in this petition under Article 226 of the Constitution of India is to the provisions of the Karnataka Regulation of Stone Crushers (Amendment) Ordinance, 2020 (for short "the said Ordinance") and the Karnataka Regulation of Stone Crushers (Amendment) Act, 2020 (for short "the Amendment Act") which has replaced the said Ordinance.

3. The Karnataka Regulation of Stone Crushers Act, 2011 came into force from 7th day of September 2011 which provides that no person shall carry on the business of stone crushing in the State except under and in accordance with the terms and conditions of a licence issued under the said Act of 2011.

4. Writ Petition No. 17078 of 1997 was filed by one Sri Obayya Pujary and two others in this Court in the nature of a Public Interest Litigation inviting the attention of the Court to the uncontrolled activity of stone crushing in the State of Karnataka which resulted into air and noise pollution having drastic consequences. By the judgment and order dated 10th July 1998, this Court issued various directions in paragraph No. 18 to the State Government and other authorities. The first direction was to the State Government to immediately formulate a policy regulating carrying on of the business of stone crushing by prescribing reasonable conditions including guidelines providing for issue of licences and their periodical renewal. Further directions were issued directing identification of safer zones and shifting of stone crusher units in the safer zone.

5. In the preamble of the said Act of 2011, it is noted that for giving effect to the said decision, the said Act of 2011 is being enacted.

6. Sub-section (1) of Section 3 of the said Act of 2011 provides for grant of a licence. Sub-section (2) of Section 3 of the said Act of 2011 deals with the persons who were already carrying on the business of stone crushing on the date of commencement of the said Act of 2011. Sub-section (1) of Section 4 provides that every application for grant or renewal of licence to carry on business of stone crushing shall be made to the Licensing Authority in a prescribed form in a prescribed manner. Sub-section (2) of Section 4 mandates that on receipt of such application for grant or renewal of a licence, the Licensing Authority shall cause joint inspection of the location under Sub-section (3) of Section 6 for the purpose of declaration of a safer zone. After joint inspection, the Licensing Authority is under a mandate to issue a Certificate of Consent of safer zone. If the area proposed in the application for grant of a licence or renewal of licence is not declared as a safer zone, the Licensing Authority is under a mandate to reject the application for grant or renewal of licence. Sub-section (3) of Section 4 provides that if the Licensing Authority issues a certificate of safer zone, the applicant must approach the Karnataka State Pollution Control Board (for short "the Pollution Control Board") and shall obtain Consent for Operation (CFO).

7. Section 5 prior to its amendment made by the Amendment Act provides that the validity period of a licence shall be five years and it can be renewed for a further period of five years. Section 6 lays down the conditions for declaration of safer zone for stone crushers. The requisite conditions for declaration of an area as a safer zone have been laid down in Sub-section (1) of Section 6. Sub-section (2) of Section 6A provides that on production of Consent for Operation Certificate issued by the Pollution Control Board, the Licensing Authority is under a mandate to grant a licence to the applicant subject to the conditions incorporated therein. Sub-section (1) of Section 6A lays down that no licence shall be issued for stone crushers outside the safer zone. The other provisions of the said Act may not be relevant for consideration of the issue