Karnataka High Court
M/S Southern Bakeries Pvt Ltd vs The Karnataka State Pollution on 2 November, 2023
Bench: Chief Justice, Krishna S Dixit
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NC: 2023:KHC:38758-DB
WP No. 22918 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 22918 OF 2023 (GM-POL)
BETWEEN:
M/S SOUTHERN BAKERIES PVT LTD.,
PLOT NO.117, ROAD NO.4, KIADB,
JIGANI INDUSTRIAL AREA, 2ND PHASE,
JIGANI HOBLI, ANEKAL TALUK, BENGALURU,
REPRESENTED BY ITS DIRECTOR AND
AUTHORIZED SIGNATORY
MR MARTAND SINGH.
...PETITIONER
(BY SRI. AJAY J NANDALIKE., ADVOCATE FOR
SRI. YASHODHAR HEGDE.,ADVOCATE)
Digitally signed AND:
by SHARADA
VANI B 1. THE KARNATAKA STATE POLLUTION
Location: HIGH CONTROL BOARD,
COURT OF
KARNATAKA PARISARA BHAVAN, 1ST TO 4TH FLOOR,
NO 49, CHURCH STREET,
BENGALURU 560 001.
REPRESENTED BY ITS MEMBER SECRETARY.
2. THE SENIOR ENVIRONMENTAL OFFICER,
SOUTH SECTION, THE ENVIRONMENTAL
STATE POLLUTION CONTROL BOARD,
"NISARGA BHAVAN", 3RD FLOOR,
THIMMAIAH ROAD, 7TH D MAIN, SHIVANGAR,
OPPOSITE TO PUSHPANJALI THEATRE,
BENGALURU 560 001.
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WP No. 22918 of 2023
3. ENVIRONMENTAL OFFICER
R.O ANEKAL, SOUTH SECTION,
THE ENVIRONMENTAL STATE
POLLUTION CONTROL BOARD,
"NISARGA BHAVAN", 3RD FLOOR,
THIMMAIAH ROAD, 7TH D MAIN,
SHIVANAGAR,
OPPOSITE TO PUSHPANJALI THEATRE,
BENGALURU 560 001.
...RESPONDENTS
(BY SRI.A MAHESH CHOWDHARY., ADVOCATE FOR R1 TO 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i.
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, THEREBY QUASHING THE
DEMAND NOTICE BEARING No. PCB/RO-ANEKAL/2023-24/508
DATED 12.07.2023 ISSUED BY RESPONDENT NO. 3, HEREWITH
PRODUCED AS ANNEXURE-A AND ii. ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION DIRECTING THE RESPONDENTS AND THEIR
OFFICERS TO NOT TO INTERFERE WITH THE BUSINESS
CARRIED ON BY THE PETITIONER, EXCEPT IN ACCORDANCE
WITH LAW AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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WP No. 22918 of 2023
ORDER
Learned counsel Sri. A. Mahesh Chowdhary accepts notice for the respondents and invites our attention to the order of this court dated 14.9.2023.
2. This Writ Petition is filed seeking quashment of the Notice dated 12.07.2023 issued by Respondent No.3 and also to direct the Respondents and their officers to not to interfere with the business carried on by the petitioner, except in accordance with law.
3. The learned panel counsel for the Karnataka State Pollution Control Board submits that in an identical circumstance, this Court, vide order dated 04.01.2023 in W.P.No.6624/2020 between TRINITY MEADOWS APARTMENT OWNERS' ASSOCIATION vs. THE STATE POLLUTION CONTROL BOARD AND OTHERS, permitted the Petitioner therein to avail the alternate remedy of appeal under Section 33B of the Water (Prevention and Control of Pollution) Act, 1974 (for short, 'the said Act' ). -4-
NC: 2023:KHC:38758-DB WP No. 22918 of 2023
4. The learned Panel Counsel for the Respondents- Karnataka State Pollution Control Board (KSPCB) made an attempt to submit that there is no reference in the impugned Notice with regard to Section 33A of the said Act. Though, admittedly, there is no specific reference to Section 33A of the said Act, but the tenor and texture of the impugned notice clearly indicates that the provision of Section 33A of the said Act is applied in the present matter. For ready reference, we may quote Section 33A of the said Act:-
"33A. Power to give directions.--
Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.
Explanation.--For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct--
(a)the closure, prohibition or regulation of any industry, operation or process; or
(b)the stoppage or regulation of supply of electricity, water or any other service."-5-
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5. In our considered opinion, the operation of the Petitioner's industrial unit is regulated by clause (a) of Section 33A of the 1974 Act. The other submission of the learned counsel for the Petitioner is that in the Notice issued to the Petitioner in W.P.No.6624/2020, a direction was issued by the KSPCB to pay certain amount for non- payment of environmental compensation. Even this aspect of the matter was considered in the order dated 04.01.2023 passed in the said Writ Petition. Considering the fact that the present Writ Petition stands on a similar footing, we see no reason to take a different view from the one adopted by us in the cognate petition.
Accordingly, the Writ Petition is disposed off with liberty to the Petitioner to avail the remedy of Appeal under Section 33B of the said Act. In that connection, all contentions are kept open. It hardly needs to be stated that the period spent during the pendency of this Writ Petition is liable to be discounted while computing the period of limitation for the filing of such Appeal. -6-
NC: 2023:KHC:38758-DB WP No. 22918 of 2023 The fair submission of learned Panel Advocate appearing for the Respondents that the impugned Demand shall not be precipitated for a period of four weeks for facilitating the filing of Appeal is placed on record.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE cbc List No.: 1 Sl No.: 14