Karnataka High Court
Kumar Organic Products Ltd vs The Karnataka State Pollution Control ... on 4 November, 2024
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WP No. 19456 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 19456 OF 2023 (GM-POL)
BETWEEN:
1. KUMAR ORGANIC PRODUCTS LTD.,
PLOT NO. 60 AND 65 (UNIT.1), ROAD NO.3,
JIGANI INDUSTRIAL AREA,
ANEKAL TALUK,
BANGALORE URBAN - 560 105.
REPRESENTED BY ITS AUTHORISED PERSON
ALOK KUMAR SINGH.
...PETITIONER
(BY SRI SHIVARAJ N. ARALI, ADVOCATE)
AND:
Digitally 1. THE KARNATAKA STATE POLLUTION
signed by CONTROL BOARD
AMBIKA H B 1ST TO 5TH FLOOR, NO.49,
Location: CHURCH STREET,
High Court BENGALURU - 560 001,
of Karnataka REPRESENTED BY ITS MEMBER SECRETARY.
2. THE ENVIRONMENTAL OFFICER,
KSPCB REGIONAL OFFICE-ANEKAL,
NISARGA BHAVAN, THIMMAIAH RAOD,
7TH D MAIN, SHIVANAGAR,
BENGALURU - 560 058.
...RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
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WP No. 19456 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING BY
WRIT OF CERTIORARI ANNEXURE-A, ORDER/DEMAND NOTICE
BEARING NO.PCB/EC/2023-24/522, DATED 12/07/2023 PASSED BY
THE 2ND RESPONDENT, IMPOSING AND DIRECTING THE
PETITIONER TO PAY WITHIN FIFTEEN DAYS, INTERIM
ENVIRONMENT COMPENSATION OF RS.8,02,80,000/- (RUPEES
EIGHT CRORES TWO LAKHS EIGHTY THOUSAND ONLY) BY
DEMAND DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Shivaraj N. Arali for the petitioner and learned advocate Mr. A. Mahesh Chowdhary for the respondents-Karnataka State Pollution Control Board.
2. This petition is filed under Article 226 of the Constitution with a prayer to quash the order/demand notice dated 12.07.2023 passed by respondent No.2-the Environmental Officer of Karnataka State Pollution Control Board, whereby the petitioner is imposed with and asked to pay within fifteen days, interim environment compensation of Rs.8,02,80,000/-. It is further prayed to direct the -3- NC: 2024:KHC:44415-DB WP No. 19456 of 2023 respondent-the Karnataka State Pollution Control Board and its authority to consider the reply dated 28.07.2023 and 03.08.2023 filed by the petitioner in response to the aforementioned demand notice.
3. Upon going through the subject matter challenge and the grievance of the petitioner from the record of the petition with the help of learned advocate for the parties, the Court could immediately notice that the same controversy was addressed by the Co-ordinate Bench of this Court in M/s. Sansera Engineering Limited Vs. The Karnataka State Pollution Control Board which was Writ Petition No.5389 of 2020 and cognate petitions decided on 04.05.2024. The directions issued in the said order would govern the present case since controversy is identical.
4. In course of the hearing, learned advocate for the petitioner made a strenuous effort to contend that the respondent-the Karnataka State Pollution Control Board has been passing the orders despite the earlier direction issued by the Court. In this request, he relied on decision of the Division Bench of this Court in M/s. Paragon Polymers Products Private Limited Vs. The Karnataka State Pollution Control Board and another which -4- NC: 2024:KHC:44415-DB WP No. 19456 of 2023 was Writ Petition No.5847 of 2020 and alike petition decided 16.03.2020.
5. From the aforementioned decision in M/s. Sansera Engineering Limited (supra) and other cognate petitions decided on 04.07.2024, it could be seen that the decision in M/s. Paragon Polymers Products Private Limited (supra) was been relied on and considered before issuing the directions.
6. In the aforesaid view, the present petition has to follow the same course as was in M/s. Sansera Engineering Limited (supra).
7. The following directions are therefore issued in this petition,
(i) The case is remitted back to the respondent-Karnataka State Pollution Control Board.
(ii) The Demand Notice shall be treated as show-cause-notice issued by the State Pollution Control Board.
(iii) The petitioner shall be permitted to file its reply which may be filed within two weeks from the date of receipt of the present order. -5-
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(iv) The respondent-State Pollution Control Board shall consider the reply and the defence of the petitioner.
(v) The Board shall give them opportunity of hearing.
(vi) The Board shall intimate the date to the petitioner in this regard.
(vii) The petitioner shall be entitled to raise all the contentions, both on facts and in law, against the impugned demand notice asking for payment of Interim Environmental Compensation.
(viii) The respondent-State Pollution Control Board after affording opportunity to the petitioner, as above, shall pass appropriate orders in accordance with law.
(ix) The entire exercise shall be completed within a total period of ten weeks from the date of receipt of the order.
(x) In order to enable the State Pollution Control Board to undertake the aforesaid exercise of treating the demand notice to be show-cause-notice and giving opportunity to the petitioner of having heard and pass fresh orders, the impugned Demand Notice is hereby set aside.
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8. It is clarified that the Court has not gone into the merits of the case of the petitioner nor has expressed any opinion on the merits.
9. All the contentions raised by the petitioner before the State Pollution Control Board shall be considered by the Board in accordance with law and on their own merits.
10. This petition is disposed of in terms of the above directions Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE CR List No.: 1 Sl No.: 27