Karnataka High Court
M/S Askin Biofuels Pvt Ltd vs The Chairman on 24 August, 2023
Bench: Chief Justice, M.G.S. Kamal
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WP No. 13281 of 2023
C/W WP No. 18869 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 13281 OF 2023 (GM-POL) C/W
WRIT PETITION NO. 18869 OF 2023 (GM-POL)
IN WRIT PETITION NO. 13281 OF 2023
BETWEEN:
1. M/S ASKIN BIOFUELS PVT LTD
HAVING ITS REGISTERED OFFICE AT HARUGERI
REPRESENTED BY ITS MANAGING DIRECTOR
MR. ASHOK ASKI
...PETITIONER
(BY SRI. ANIRUDHA R NAYAK.,ADVOCATE)
AND:
1. THE CHAIRMAN
Digitally signed KARNATAKA STATE POLLUTION CONTROL BOARD
by AMBIKA H B "PARISARA BHAVAN", NO.49, CHURCH STREET,
Location: HIGH BENGALURU - 560001.
COURT OF
KARNATAKA 2. THE ZONAL SENIOR ENNVIRONMENTAL OFFICER
1ST FLOOR, PLOT NO.1, AUTONAGAR,
KANBARGI INDUSTRIAL AREA,
BELGAVI - 590015
3. ALAGAWADI BIRESHWAR SUGAR PVT LTD,
No.198/137, KALLESHWAR INDUSRIES, MARKET ROAD,
BAMBOO BAZAAR,
DAVANGERE - 577001
...RESPONDENTS
( BY SRI. A. MAHESH CHOUDHARY ADVOCATE FOR R1 & R2,
SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI GAUTAM S BHARADWAJ ADVOCATE FOR R3 )
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WP No. 13281 of 2023
C/W WP No. 18869 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER
WITHDRAWING CFO ON 09.06.2023 ENCLOSED AS ANNEXURE-T AND
ETC.
IN WRIT PETITION NO. 18869 OF 2023
BETWEEN:
1. M/S ASKIN BIOFUELS PVT LTD
HAVING ITS REGISTERED OFFICE
AT HARUGERI
REPRESENTED BY ITS
MANAGING DIRECTOR
MR ASHOK ASKI
...PETITIONER
(BY SRI. ANIRUDHA R NAYAK.,ADVOCATE)
AND:
1. THE CHAIRMAN
KARNATAKA STATE POLLUTION CONTROL BOARD
PARISARA BHAVAN, NO.49, CHURCH STREET
BENGALURU-560001
2. THE ZONAL SENIOR ENVIRONMENTAL OFFICER
1ST FLOOR, PLOT NO.1, AUTONAGAR
KANBARGI INDUSTRIAL AREA
BELGAVI-590015
3. THE MANAGING DIRECTOR
HUBBALLI ELECTRICITY SUPPLY COMPANY (HESCOM)
HUBBALLI
4. THE DEPUTY COMMISSIONER
D COMPOUND
BELGAVI-590001
...RESPONDENTS
( BY SRI. A. MAHESH CHOUDHARY ADVOCATE FOR R1 & R2,
SRI. NILOUFER AKBAR, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER
ORDERING CLOSURE OF THE PETITIONERS UNIT DATED 21.08.2023
ENCLOSED AS ANNEXURE A AND ETC.
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WP No. 13281 of 2023
C/W WP No. 18869 of 2023
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
1. I.A No.1/2023 for impleadment of the applicant as party respondent to Writ Petition No.13281/2023 is allowed. Necessary amendment be carried out during the course of the day. Sri Udaya Holla, learned Senior Counsel along with Sri Gautam S. Bharadwaj, learned counsel appears for the newly added respondent.
2. Sri A Mahesh Choudhary, learned counsel accepts notice for respondent Nos.1 and 2 in both the petitions.
3. Writ Petition No.13281/2023 is filed with a prayer to quash the impugned order withdrawing CFO on 09.06.2023. Writ Petition No.18869/2023 is filed with a prayer to quash the closure order dated 21.08.2023
4. The petitioner is a stand alone distillery unit. As per the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (for short, 'the Water Act') as well as the Air (Prevention and Control of Pollution) Act, 1981 (for short, 'the Air Act'), the petitioner after obtaining necessary consent from the Karnataka State -4- NC: 2023:KHC:30421-DB WP No. 13281 of 2023 C/W WP No. 18869 of 2023 Pollution Control Board ('for short, 'the Board') started its activities. On receipt of a complaint from Alagawadi Bireshwar Sugars Private Limited, the Board, vide order dated 09.06.2023, by exercising the powers under Section 27(2)(b) of the Water Act and Section 21(4) of the Air Act, cancelled the consent granted in favour of the petitioner industry for discharge of effluents and emissions. By the said order, the petitioner industry was ordered to stop discharge of effluents and emissions and operating the industry without valid consent of the Board and discharging of effluent and emissions would attract penal action against the petitioner.
5. The learned counsel for the petitioner invited our attention to an order dated 31.03.2023 passed by the Division Bench in Writ Appeal No.100075/2023 to submit that the Board mechanically referred only to the order passed by the learned Single Judge in Writ Petition No.102856/2022, missing the factual aspect that this very order was subjected before the Division Bench in an appeal and the Division Bench accepted the stand of the petitioner that the petitioner is a stand alone distillery unit and the activity of manufacturing ethanol is not governed by the provisions of the Sugarcane Control Order of 1966. The prominent submission of -5- NC: 2023:KHC:30421-DB WP No. 13281 of 2023 C/W WP No. 18869 of 2023 the learned counsel for the petitioner is that all the deficiencies which are referred to in the order dated 09.06.2023, on the basis of the inspection conducted on 10.01.2023, have been complied with by the petitioner. The learned counsel for the petitioner inviting our attention to a communication dated 28.02.2023/01.03.2023 reporting compliances submits that insofar as the first deficiency is concerned, it is stated that the petitioner is not carrying out any crushing activity and the industry is taking juice from Bramhanand Sugar Jaggery Industries for manufacturing rectified spirit only. Therefore, it is the submission of the learned counsel for the petitioner that this activity by itself cannot be treated as an activity causing either water pollution or air pollution. Insofar as the deficiency with regard to the dyke walls of sufficient height around the molasses storage tanks is concerned, it is submitted that sufficient dyke wall height has been provided as per PESO guidelines. It is stated in the communication that the petitioner has installed ETP capacity of 500 KLD and the same is sufficient to treat the generated waste water from industrial operations and sewage from domestic activities. With regard to installing STP plant, the learned counsel for the petitioner submits that if some reasonable time is granted, the petitioner would set up the same. -6-
NC: 2023:KHC:30421-DB WP No. 13281 of 2023 C/W WP No. 18869 of 2023 Insofar as Hazardous Waste Authorization is concerned, the learned counsel submits that an application has been already submitted to the regional office of the Board at Chikkodi on 30.09.2022 and till the date of filing of the petition, the application is pending. The learned counsel submits that as soon as the petitioner receives the Hazardous Waste Authorization, the same will be submitted before the Board.
6. The learned counsel for the petitioner further submits that during pendency of the Writ Petition No.13281/2023 challenging the order dated 09.06.2023, the Board passed an order dated 21.08.2023 under Section 33(A) of the Water Act read with Rule 34 of the Karnataka Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) and the Water (Prevention and Control of Pollution) Rules, 1976 directed the petitioner to close the operation of the industry forthwith and the Managing Director, HESCOM, Hubbali was requested to issue necessary directions to issue necessary directions to the concerned Executive Engineer and the Assistant Executive Engineer to stop/cut off power supply to the petitioner industry forthwith. The perusal of the order dated 21.08.2023 indicates that -7- NC: 2023:KHC:30421-DB WP No. 13281 of 2023 C/W WP No. 18869 of 2023 apart from the deficiencies referred to in the order dated 09.06.2023, there are other deficiencies, namely, non establishment of CO2 plant and not providing one more piezometer.
7. The learned counsel for the petitioner submits that insofar as the deficiency in respect of non-establishment of CO2 plant is concerned, the petitioner is in the process of establishment of CO 2 plant with the assistance of a third party and the petitioner would make all possible attempts to expedite setting up of CO 2 plant. The learned counsel for the petitioner, on instructions from the petitioner who is present in the Court, submits that another piezometer is already installed in the industry and the respondent Board can conduct inspection of the industry with due intimation to the petitioner to satisfy itself in this regard.
8. The learned counsel appearing for the Board submits that as the Board is more concerned about the serious deficiencies of non setting up of the STP plant and non submitting Hazardous Waste Authorization, as these deficiencies have direct impact on the environment. However, the other deficiencies are in violation of the consent conditions.
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9. The learned Senior Counsel appearing for the added respondent in Writ Petition No.18869/2023 supported the deficiencies referred to by the learned counsel for the respondent Board.
10. As already noted by us in the earlier part of the order, on instruction, it is the submission by learned counsel for the petitioner that if some reasonable time is granted, the petitioner is ready to establish STP plant and as and when the Hazardous Waste Authorization is received by the petitioner, the same will be submitted to the Board. It is also submitted by the learned counsel for the petitioner that appropriate steps will be taken to speed up the establishment of CO2 plant.
11. Accepting these statements as undertaking to this Court, we are of the opinion that the following order can be passed in these two petitions:
(i) By accepting the statement that the petitioner would establish/set up STP plant and speed up establishment of CO2 plant, the order dated 22.08.2023 is set aside. -9-
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(ii) The petitioner is permitted to enter the premises of his industry to carry out the activities of establishment of CO2 plant and STP plant.
(iii) Further, the respondent Board is directed to intimate the Managing Director, HESCOM to issue necessary directions to the concerned Executive Engineer and the Assistant Engineer to restore the power supply to the petitioner industry.
(iv) It is submitted by the learned counsel for the petitioner that pursuant to the closure order passed by the Board, the Deputy Commissioner, Belagavi effected closure of the premises of the petitioner's industry. The Deputy Commissioner, Belagavi is also directed to permit the petitioner to enter into the industry.
(v) The petitioner to set up STP plant within three months time. After establishing CO2 plant and STP plant, the petitioner is permitted to appraise the Board and on receipt of the said intimation/appraisal, the respondent Board to carry out inspection of the same and permit operation of the petitioner industry, if satisfied.
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(vi) Authenticated copy of the order be provided to the learned counsel for the petitioner as well as the learned counsel for the Board. The petitioner is permitted to furnish a copy of the order of this Court to the HESCOM, Hubballi and to the Deputy Commissioner, Belagavi.
(vii)Accordingly, both the petitions are disposed of.
12. The learned counsel for the petitioner in W.P.No.18869/2023 undertakes to remove office objections with regard to court fee by tomorrow.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB