IN Tk hIGH CO2T O’ KANNATAKA Al BANGkL )ated the 5r1 day of April, 1998 Present: and TNE iO ‘BIE Mr JUSTI S .i • BANNTJRMATH IIONNoa186Lj22 1• Puttarajegowda, 2/0 Channegowda, aged. 45 years, N/ Ma11ipatna, Arkalgud laluk, Hassan iizstr1os 24 Yesudas, 2/0 Kondaiah, aged 30 years N/a Ma11iparia, tka1gud ia1k, Hassan District ‘• Melegowda, Sb Marigowda, aged O years, /a miaI1ipta, 4rkairud f1u1c. 4 AC 4 Swanigowds, o/o CIa1negowda, aed 42 veers, B7a Aladah lii, Mailipatna Hobli, Arkalpud Ta1ik. —: 2 :— 5. Suresha, 5/0 Krishna she tti, aged 35 y are, B/a Mallipatna, Arkalgud m9 lik, 6, MabalxnaMpna, Sb Xe mpacbannegowda, aged 37 years, B/s, Aladahalli, Mallipatna Hobli, Arkaigud Think, Bassan Di tn t. ai lOZBS, (By Sri, F, Endragowda, Advocate) : TBTh3 : 1, ‘tate of Kern take, repr erred by its Secretary, Departn t of 4 mwnue, M3. Buildiuss, Bangiore.w4, 2. the Lepaty Domriasioner, Macsan mstnict, Macsan, 3, The assistant Qomatisslone:, Sakalesbpnra Sub Division, Sakelesbpura, Hassan Dic’tniot, a, karnptska State Polltion sontrol Board, by its Me be beretar, 9th Floor, PablIo ‘tility ‘3, Bengal orel, —: 5 :— 5. Put talaksbmamma, Major, /o Annegda, R/o Mallipatna, Arkalgud Taluk, Hassan District. SPONNTS, (By Sri, G, Baiakrishna Shastry, Advocate, for Respondent5. Sri, S,N, Aswatheriarsyana, nlgn Court Government }ieader, for Beep ondents I to 3) Writ petition filed under Articles 226 and 227 of the Constitution of India to quash the order: of conversion passed by the Assistant Commissioner, Sakaleshpura, in No,2I,CR,ll/9697 dated 78—l396 (Annexure C) and to direct Bespondent—4 to take: approoriate proceedings against the 5th respondent. This petition corn ma up for hearine this day, Bhaskar Bao, J. made the following: o BE F; This writ petition is filed as a Public interest Litigation, The facts axe: Beepondent5 herein app. lied for permission to construct a rice mill on the land measuring 2 acres and 35 guntas in Survey No.61/I of Mallipatna villaae, Arakalgat Taluk, Hassan District. Opposite to the said land, there is a land in which a High School d a composite PreUniversity College are being run since a long tire. After the permission is granted, Beondent5 constructed a rice mill and carries on rice milling operations therein, The case of the petitioners is that by the ricewilling operations there is —: 4 :— heavy sound pollusion und also air pollusion due to the husk and dust produced in the rice milling operations and these pollusions cause hardship and health hazards to the students and lecturers in the educational institutions. Therefore, the petitioners filed tbi writ petition as a Public interest Litication, After notice to the parties, this Court appointed Smt, hagaveni, Advocate, as Commis sioner to make spot inspection in the presence of both parties and submit her report. The Advocate—Commissioner, after making spot inspection submitted her report. In the report she has specifically stated that she has examined ths lecturers and the students of the school and the college and also measured the distance between the rice mill and the edw’atic’nal instirutions, According to the report of the Commissioner, tne rice—milling operations do ro fet ede t otal ‘cttutions s tey are atout 365 feet away from the rice mill. ven the students and tue lecturers examined alo ctate that thee are not disturbed by the rlce—milLng erations, in viei of the CommLsioner’s report, it is manife,t that the oper tions arried on in the rice nih do not came any pohluson aid health hazards to the stadents and lecturers of the educational inetitutiong. The ]earmed Conies toner has stated that tie husk and dust produced durin° the rice—mihlinp operavions are collected and kept under thick cover, shutters and other requ 4 red material so that tney do not fly in the air and affect other parts inch ding the educational institutions. Therefore, tnere is no possibility of environ- mental pollusion. In view of the circinstances, however, me direct kespondent-5 to take adequate measures to cover the place wherever the husk is flee to fly in the air and further to take adequate steps while transporting also so that the husk and dust do not enter in the air and cause pule lusion. The writ petition is 4iap’sed of in the above terms. / I / itz Tav.