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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N.V. ANJARIA, CJ,, M.I. ARUN
Prabhavathi Stone Crushers – Appellant
Versus
District Stone Crusher Licensing and Regulatory Authority – Respondent
JUDGMENT :
N.V. ANJARIA, C.J.
1. The two captioned petitions involve the same subject matter. Not only the facts are common, but the issues are similar and identical and the parties are the same. The third is a contempt petition arising out of the proceedings of Writ Petition No.9037 of 2022. In that view, all the three petitions were heard together to be treated for disposal simultaneously by this common judgment.
2. Heard learned Senior Advocate Mr. S.S. Naganand with learned advocate Mr. S. Kumar in both the petitions for the petitioner as well as in the contempt petition for the complainant, learned Additional Government Advocate Smt. Niloufer Akbar for the respondents in the writ petitions and learned Additional Government Advocate Mr. Naveen Chandrashekar for the respondents in the contempt proceedings.
3. Writ Petition No.9037 of 2022 was filed by the petitioner- M/s. Prabhavathi Stone Crushers first in point of time, wherein the prayer was made to set aside order dated 31.03.2022 passed by respondent No.3-the District Regulation of Stone Crusher and Licensing Authority. Thereby the Licence Form-C granted to the petitioner came to be cancelled. Stated in nutshell, the case of th
Licenses granted under the Karnataka Regulation of Stone Crushers Act must continue unless revoked based on valid legal grounds, and amendments permitting deemed extensions take precedence.
The concept of deemed forest is foreign to law, and the revival of a previously granted license allows the petitioner to maintain the petition and carry out stone crushing operations.
Point of law : Environmental Clearance Certificates issued by DEIAA prior to judgment of National Green Tribunal order are valid as long as they are not subjected to successful challenge.
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