The Karnataka High Court on Wednesday quashed a notification issued on August 8 this year by the Bangalore Rural district deputy commissioner (DC) withdrawing an earlier notification that declared certain areas in Beerahalli, Nandagudi hobli of Hoskote taluk as “safer zones” to carry out stone-crushing activities.
Petitioner B.V. Byre Gowda of Chennakeshava Stone Crushers, who operates a unit in Beerahalli in which he has invested Rs 3.2 crore, challenged the Aug 8 notification alleging that the change was effected at the instance of the local Congress MLA who wanted to punish him for extending support to his BJP rival.
The petitioner stated that he has been carrying on stone-crushing activity on his land after the authorities concerned had, in October 2012, declared several private plots at Beerahalli, including his, as “safer zones” as per norms set by the Supreme Court, and with the approval of Karnataka State Pollution Control Board (KSPCB) and the deputy conservator of forests.
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Gowda claimed that MLA M.T.B. Nagaraj wrote a letter, dated June 15, 2013, to the chief minister pointing to complaints about problems faced by the public from stone crushing units in Beerahalli. After inspecting the area, the chief minister had instructed the DC to take action.
The Aug 8 notification by the DC cancelled the “safer zones” tag to Beerahalli while declaring an area in Nelamangala as a ‘safer zone’ for stone-crushing activities.
The petitioner told the court that his stone-crushing unit cannot be shifted to Makenahalli in Nelamangala, which is over 100 km from the present location. A division bench comprising Justice K.L. Manjunath and Justice A.V. Chandrashekar quashed the Aug 8 notification as the petitioner was not issued any notice in this regard.
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