Karnataka High Court
Sri Balakrishna vs The State Of Karnataka on 15 February, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:6628-DB
WP No. 27432 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 27432 OF 2023 (GM-POL-PIL)
BETWEEN:
1. SRI BALAKRISHNA
S/O SUBBARAO KHOT
Digitally signed AGED ABOUT 76 YEARS
by YASHODHA N OCC: AGRICULTURIST
Location: HIGH R/AT DHABDHABHATTI VILLAGE
COURT OF TALUK: ATHANI
KARNATAKA DISTRICT: BELAGAVI - 581 304
2. SRI. ANANDARAO
S/O BALAKRISHNA KHOT
AGED ABOUT 43 YEARS
OCC: AGRICULTURIST
R/AT DHABDHABHATTI VILALGE
TALUK: ATHANI
DISTRICT: BELAGAVI - 581 304
3. SRI. HANAMANT
S/O BALAKRISHNA KHOT
AGED ABOUT 42 YEARS
OCC: AGRICULTURIST
R/AT DHABDHABHATTI VILALGE
TALUK: ATHANI
DISTRICT: BELAGAVI - 581 304
...PETITIONERS
(BY SRI.ANEPPANAVAR RAMESH BASETTEPPA, ADVOCATE)
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NC: 2024:KHC:6628-DB
WP No. 27432 of 2023
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF ENVIRONMENT AND ECOLOGY
M.S. BUILDING, VIDHANA VEEDHI ROAD
BENGALURU - 560 001
2. M/S SHREE RENUKA SUGARS LTD
BY ITS GENERAL MANAGER (UNIT HEAD)
SY NO. 377, BURALATTI VILLAGE
TALUK: ATHANI
DISTRICT: BELAGAVI - 591 230
3. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVAN
1ST AND 5TH FLOOR
CHURCH STREET
BENGALURU - 560 001
4. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
PLOT NO. 3224/3, HANUMAN NIWAS
1ST FLOOR, BK COLLEGE ROAD
CHIKKODI TALUK, CHIKKODI
DISTRICT: BELAGAVI - 591 201
...RESPONDENTS
(SRI S.S.MAHENDRA, GOVERNMENT ADVOCATE FOR R1
SRI A.MAHESH CHOWDHARY, ADVOTE FOR R3 & 4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR
ORDER OR DIRECTION TO THE RESPONDENT NO.1 "STATE"
SPECIFICALLY AND ALSO THE RESPONDENT NO.3 TO CONSIDER THE
REQUEST AND REPRESENTATIONS OF THE PETITIONERS WHO ARE
ACTING ON BEHALF OF THE GROUP AND CLASS OF
AGRICULTURISTS, BY ISSUING A DIRECTION TO TAKE IMMEDIATE
ACTION AGAINST THE RESPONDENT NO.2 FOR STOPPAGE AND
DISCHARGE OF EFFLUENTS, SEWAGE AND INDUSTRIAL WASTE INTO
OPEN WELL, BORE-WELL AND CONSIDERABLE DAMAGE OF LANDS
OF AGRICULTURISTS, IN ACCORDANCE WITH LAW AND PROCEDURE
AS PROVIDED UNDER THE ENVIRONMENTAL LAW AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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NC: 2024:KHC:6628-DB
WP No. 27432 of 2023
ORDER
Shri S.S.Mahendra, learned Government Advocate accepts notice for respondent No.1. Shri A.Mahesh Chowdhary, learned advocate accepts notice for respondents No.3 and 4.
2. Petitioners have submitted representations as per Annexures-F and G seeking relief against respondent No.2 on premise that their lands are affected. To a pointed question as to how this PIL is maintainable, learned Advocate for the petitioners, in his usual fairness, submitted that petitioners have submitted complaints to the Pollution Control Board1 in this regard. 3. Learned Advocate for respondents No.3 and 4 submitted that PIL is not maintainable because petitioners' lands are affected and no public interest is involved.
4. Law is settled that for any wrong done by a third party qua the property belonging to the petitioners, a suit 1 The Karnataka State Pollution Control Board -4- NC: 2024:KHC:6628-DB WP No. 27432 of 2023 is maintainable and not a PIL. Accordingly, this writ petition is dismissed.
5. Learned Advocate for the petitioners submitted that notwithstanding this writ petition, the Pollution Control Board has initiated action against respondent No.2 and this Court may clarify that this order shall not come in the way of the Pollution Control Board for taking necessary action. Clarified accordingly.
No costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB List No.: 1 Sl No.: 58