Stone-crushing units in unsafe zones: HC orders closure

The Karnataka High Court on Friday directed to close down all the stone crushing units within unsafe zone, while the authorities had a narrow escape from being arrested at the Court here on Friday.

Non-compliance with the Court orders had almost jailed the three secretaries, Kamal Pal, secretary for forest, ecology and environment; Ram Prasad, secretary, department of industries, commerce and mines; and M S Goudar, member secretary of Karnataka State Pollution Control Board (KSPCB), who were summoned by the court and were warned for disobeying the orders of the court by the division bench comprising Chief Justice J S Khehar and Justice A S Bopanna.

The matter dates back to 1998, when a petition was filed by Obayya Poojari. The High Court issued guidelines to the state to identify safe zones for stone crushing units.

The order of the Court was challenged by the Quarry Association, Mangalore and Karnataka Stone Crushers’ Association in the Supreme Court, which upheld the high court order and gave the state a year and six months to identify the safe zones and another six months to shift the quarries to them.

But when the State could not meet the deadline of April 7, 2010, and sought relaxation on certain conditions imposed by the court. Several stone crushing units too approached the court after KSPCB decided to shut down all stone crushing units in the state as none of them were in safe zones.

Time sought

In the morning when the Government counsel sought four weeks time, the Court was upset with the delayed attitude and warned of arrest. The furious bench said that it would issue contempt notice and asked the court officer to bring police force, to arrest the officers for showing complete negligence in the matter.

When the officers said that they will take effective measures in this connection within four weeks, the Court refused to accept it and the matter was adjourned to afternoon.

During the hearing in the noon, Advocate General Ashok Harnahalli who appeared before the Court sought more time. Though the Court refused to grant time initially, following the assurance and statement made by the Advocate General Ashok Harnahalli that all crushing units which are not within the safer zone will not be allowed to operate and also the safer zones for setting up crushing units will finalised and notified within two weeks, the three officers who almost got ending up arrested, heaved a sigh of relief.

Ban upheld

The High Court on Friday upheld the notification of the state government dated August 8, 2009 banning inter-state transportation of sand. The petitioner, Mohammad Sirajuddin had challenged the notification contending that it was against the mandate of the Constitution of India which provides opportunity for fair and free trade between all States. Upholding the notification, the division bench headed by Chief Justice J S Khehar said that the order has been passed by the State with the sole objective of conserving sand.