Mangalore Fish Meal And Oil Company vs Karnataka State Pollution on 18 August, 2022

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Karnataka High Court

Mangalore Fish Meal And Oil Company vs Karnataka State Pollution on 18 August, 2022

Bench: Alok Aradhe

                         1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 18TH DAY OF AUGUST 2022

                      PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                        AND

        THE HON'BLE MR.JUSTICE ANIL B. KATTI

           W.P. NO.16312 OF 2022 (GM-POL)

BETWEEN:

MANGALORE FISH MEAL AND OIL COMPANY
HAVING ITS OFFICE AT
NO.1-1/22 AND 22(1)
KOTEPURAL ULLAL
MANGALORE
REPRESENTED BY ITS PARTNER
MR. ABDUL RAZAK
AGED 78 YEARS
SON OF MR. ABBOO KALANDAN.
                                      ... PETITIONER

(BY MR. VIKRAM HUILGOL, SR. COUNSEL FOR
    MR. SANDEEP HUILGOL, ADV.,)

AND:

1.   KARNATAKA STATE POLLUTION
     CONTROL BOARD
     REPRESENTED BY CHAIRMAN
     HAVING ITS OFFICE AT
     PARISARA BHAVAN
     NO.33, CHURCH STREET
     SHANTHALA NAGAR
     BENGALURU 560001.
                           2



2.   THE SENIOR ENVIRONMENTAL OFFICER
     PARISARA BHAVAN
     BLOCK NO.23 AND 24
     1ST FLOOR, 4TH CROSS
     NEAR ESI HOSPITAL, KIADB AREA
     MANGALORE 575001.

                                     ... RESPONDENTS

(BY MR. DHYAN CHINNAPPA, SR. COUNSEL FOR
    MR. A. MAHESH CHOWDHARY, ADV., C/R1)
                         ---

      THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY DIRECTION TO QUASH OR SET
ASIDE THE IMPUGNED ORDER DATED 05.08.2022 BEARING
No-PCB/SEO/NEIA-OB/1490/CLOSURE       ORDER-WA/2022-
23/117 ISSUED UNDER SECTION 33A OF WATER
(PREVENTION AND CONTROL OF POLLUTION) ACT 1974
READ WITH RULE 34 OF THE KARNATAKA STATE BOARD
FOR THE PREVENTION AND CONTROL OF THE WATER
POLLUTION (PROCEDURE FOR TRANSACTION OF BUSINESS)
AND THE WATER (PREVENTION AND CONTROL OF
POLLUTION) RULES 1997 (ANNEXURE-A). ISSUE A WRIT OF
CERTIORARI OR ANY DIRECTION TO QUASH OR SET ASIDE
THE IMPUGNED ORDER DATED 05.08.2022 BEARING No-
PCB/SEO/NEIA-OB/1490/CLOSURE          ORDER-AA/2022-
23/118 ISSUED UNDER SECTION 31A OF AIR (PREVENTION
AND CONTROL OF POLLUTION) ACT 1981 READ WITH RULE
20(A) OF THE KARNATAKA AIR (PREVENTION AND CONTROL
OF POLLUTION) RULES 1983 (ANNEXURE-B) & ETC.,

     THIS W.P. COMING ON FOR ORDERS, THIS DAY,
ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
                            3



                          ORDER

For the reasons assigned by us today in W.P.No.16165/2022, we direct that orders dated 05.08.2022 passed under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 shall be treated as show cause notices. The petitioner is granted one week's time to file additional reply, if so advised. The Board shall consider the reply which may be filed on behalf of the petitioner and shall proceed to pass afresh order in accordance with law.

Accordingly, the petition is disposed of.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE RV

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