Karnataka High Court
Anand Sweets And Savouries Llp vs The Karnataka State Pollution Control ... on 8 September, 2023
Bench: Chief Justice, Krishna S Dixit
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WP No. 19428 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE KRISHNA S. DIXIT
WRIT PETITION NO. 19428 OF 2023 (GM-POL)
BETWEEN:
1. ANAND SWEETS AND SAVOURIES LLP
PLOT NO.31/A, ROAD NO.2
JIGANI INDUSTRIAL AREA
BENGALURU-560105
REPRESENTED BY ITS
AUTHORISED PERSON SANJAY DADU
...PETITIONER
(BY SRI SHIVARAJ N ARALI, ADVOCATE)
AND:
Digitally signed by 1. THE KARNATAKA STATE POLLUTION
VASANTHAKUMARY
BK CONTROL BOARD, PARISARA BHAVANA
Location: HIGH 1ST TO 5TH FLOOR, NO.49
COURT OF
KARNATAKA CHURCH STREET, BENGALURU-560001
REPRESENTED BY ITS MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICER
KSPCB REGIONAL OFFICE-ANEKAL
NISARGA BHAVAN, THIMMAIAH ROAD
7TH D MAIN, SHIVANAGAR
BENGALURU-560058
...RESPONDENTS
(BY SRI A MAHESH CHOWDHARY, ADVOCATE)
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WP No. 19428 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-A, ORDER/DEMAND NOTICE DATED 12.07.2023
PASSED BY THE 2ND RESPONDENT, IMPOSING AND DIRECTING
THE PETITIONER TO PAY WITHIN FIFTEEN DAYS, INTERIM
ENVIRONMENT COMPENSATION OF RS.2,90,25,000/- BY DEMAND
DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
1. Issue notice. Sri A.Mahesh Chowdhary, the learned counsel accepts notice for the respondents.
2. This writ petition is filed seeking quashment of the notice dated 12.07.2023 issued by respondent No.2 and also to direct the respondents to consider the representation dated 03.08.2023 made by the petitioner requesting for extension of time to submit the reply to the notice dated 12.07.2023.
3. The learned counsel for the petitioner submits that in an identical circumstance, this Court, vide order dated 04.01.2023 in W.P.No.6624/2020, permitted the petitioner to -3- NC: 2023:KHC:32604-DB WP No. 19428 of 2023 avail the alternative remedy of appeal under Section 33B of the Water (Prevention and Control of Pollution) Act, 1974 (for short, 'the said Act' ).
4. The learned 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.
5. 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--
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(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."
6. In our opinion, the operation of the petitioner's industrial unit is regulated as per clause (a) of Section 33A of the said 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 also stands on the same footing, we see no reason to take a different view than the one adopted by us in W.P.No.6624/2020.
7. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy of appeal under Section 33B of the said Act.
8. The period spent in the prosecution of the writ petition shall be liable to be discounted or condoned whilst -5- NC: 2023:KHC:32604-DB WP No. 19428 of 2023 computing the period of limitation, if any, for availing such remedy.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE BKV List No.: 2 Sl No.: 1