Karnataka High Court
Aron Universal Ltd vs The Karnataka State Pollution Control ... on 4 July, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO.5389/2020 C/W
WRIT PETITION NOS.9941/2021, 19984/2023, 20288/2023,
20351/2023, 20393/2023, 20573/2023, 5224/2024
AND 5674/2024 (GM-POL)
IN W.P. NO. 5389/2020
BETWEEN:
1. M/S. SANSERA ENGINEERING LIMITED
(EARLIER KNOWN M/S. GEAROCK FORGE
PRIVATE LIMITED
Digitally WHICH MERGED WITH SANSERA
signed by ENGINEERING LIMITED)
AMBIKA H B NO.143 B8, B8 PPART AND 143
C2 PART 1, 2 AND 3
Location: BOMMASANDRA INDUSTRIAL AREA
High Court HOSUR ROAD, ATTIBELE HOBLI
of Karnataka ANEKAL TALUK
BANGALORE URBAN DISTRICT - 560 099
REPRESENTED BY ITS
COMPANY SECRETARY
MR. RAJESH KUMAR MODI
...PETITIONER
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE A/W
SRI ARIHANT R. SUNGAY, ADVOCATE AND
SMT. SUMANA NAGANAND, ADVOCATE)
-2-
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA
1ST TO 5TH FLOOR
# 49, CHURCH STREET
BENGALURU - 560 001
REPRESENTED BY ITS
MEMBER SECRETARY
2. ENVORIONMENTAL OFFICER
REGIONAL OFFICE SARJAPURA
KARNATAKA STATE POLLUTION
CONTROL BOARD
"NISARGA BHAVAN", 3RD FLOOR
THIMMAIAH ROAD
7TH 'D' MAIN ROAD, SHIVANAGAR
BANGALORE - 560 010
...RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION AGAINST THE RESPONDENTS AND QUASH THE
DEMAND NOTICE DATED 17.02.2020 ISSUED BY RESPONDENT
No.2 (ANNEXURE-A) AND ETC.
IN W.P. NO. 9941/2021
BETWEEN:
1. CIE AUTOMOTIVE INDIA LIMITED
EARLIER M/S. FORGE PVT LTD.
HAVING ITS UNIT AT NO. 9C
BOMMASANDRA INDUSTRIAL AREA
HOSUR ROAD, ANEKAL TALUK
BANGALORE - 560 009
REP. BY ITS
-3-
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
GENERAL MANAGER - HR ADMIN
MR. K CHANDRA SHEKAR
...PETITIONER
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE A/W
SRI ARIHANT R. SUNGAY, ADVOCATE FOR
MS. SUMANA NAGANAND, ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA
1ST TO 5TH FLOOR
NO. 49, CHURCH STREET
BENGALURU - 560 001
REP. BY ITS MEMBER SECRETARY
2. ENVIRONMENTAL OFFICER
REGIONAL OFFICE SARJAPURA
KARNATAKA STATE POLLUTION
CONTROL BOARD
"NISARGA BHAVANA"
3RD FLOOR, THIMMAIAH ROAD
7TH D MAIN ROAD
SHIVANAGAR
BANGALORE - 560 010
...RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTICE
DATED 31.01.2020 ISSUED BY RESPONDENT No.1 ANNEXURE-A &
ETC.
IN W.P. NO. 19984/2023
BETWEEN:
1. ARON UNIVERSAL LTD.
25/1, 2ND PHASE
-4-
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
JIGANI INDL. AREA
JIGANI
BANGALORE - 560 105
REP. BY ITS AUTHORISED PERSON
SUNIL VARGHESE
...PETITIONER
(BY SRI SHIVARAJ N. ARALI, ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA
1ST TO 5TH FLOOR
NO.49, CHURCH STREET
BENGALURU - 560 001
REP. BY ITS MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICER
KSPCB REGIONAL OFFICE-ANEKAL
NISARGA BHAVAN
THIMMAIAH ROAD
7TH D MAIN, SHIVANAGAR
BENGALURU - 560 058
...RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
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
DATED 12/07/2023 PASSED BY THE 2ND RESPONDENT, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN DAYS,
INTERIM ENVIRONMENT COMPENSATION OF RS.5,04,90,000/-
(RUPEES FIVE CRORE FOUR LAKHS NINETY THOUSAND ONLY) BY
DEMAND DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU & ETC.
-5-
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
IN W.P. NO. 20288/2023
BETWEEN:
1. M/S ARIHANT METALS &
EXTRUDED PRIVATE LIMITED
NO.9-L, YARADAHALLI BOMMASANDRA 1
ST PHASE
BOMMASANDRA INDUSTRIAL AREA
ANEKAL TALUK
BENGALURU - 560 099
REPRESENTED BY ITS
MANAGING DIRECTOR
PRAKASH KANUNGA
...PETITIONER
(BY SRI P. ANAND & SRI ANKITH JAIN, ADVOCATES)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA
1ST TO 5TH FLOOR
NO.49, CHURCH STREET
BENGALURU - 560 001
REPRESENTED BY ITS
MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICE
KARNATAKA STATE POLLUTION
CONTROL BOARD
REGIONAL OFFICE:
BANGALORE-ANEKAL
2ND FLOOR, "NISARGA BHAVAN"
7TH D CROSS, THIMMAIAH ROAD
SANGEGORAVANAHALLI
SHIVANAGAR
BENGALURU - 560 010
...RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
-6-
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
ORDER/DEMAND NOTICE DATED 12.07.2023 ISSUED
RESPONDENT No. 2 DIRECTING THE PETITIONER TO PAY AN
ENVIRONMENT COMPENSATION OF Rs.1,82,25,000/- (RUPEES ONE
CRORE EIGHTY TWO LAKH TWENTY FIVE THOUSAND ONLY) (IN
ANNEXURE-A) & ETC.
IN W.P. NO. 20351/2023
BETWEEN:
1. M/S RATNA ENTERPRISES
NO 85-C1, 1ST PHASE,
JIGANI INDURSTRIAL AREA, ANEKAL TALUK,
BENGALURU - 560 106
REPRESENTED BY ITS PARTNER
MR. HARI NARAYAN
...PETITIONER
(BY SRI P ANAND & SRI ANKITH JAIN, ADVOCATES)
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD
PARISARA BHAVANA
1ST TO 5TH FLOOR
No. 49, CHURCH STREET
BENGALURU - 560 001
REPRESENTED BY ITS
MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICE
KARNATAKA STATE POLLUTION CONTROL BOARD,
REGIONAL OFFICE
BANGALORE - ANEKAL
2ND FLOOR, "NISARGA BHAVAN"
7TH D CROSS, THIMMAIAH ROAD
SANEGORAVANAHALLI
SHIVANAGAR
BENGALURU - 560 010
...RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
-7-
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER/DEMAND NOTICE DATED 12/07/2023 ISSUED
RESPONDENT NO.2 DIRECTING THE PETITIONER TO PAY AN
ENVIRONMENT COMPENSATION OF RS.81,60,000/- (RUPEES
EIGHTY ONE LAKH SIXITY THOUSAND ONLY) (IN ANNEXURE-A) &
ETC.
IN W.P. NO. 20393/2023
BETWEEN:
1. M/S RAMSONS GARMENT FINISHING
EQUIPMENTS PRIVATE LIMITED
(M/S IFB INDUSTRIES)
NO.3B AND C
BOMMASANDRA INDUSTRIAL AREA
ANEKAL TALUK
BANGALORE - 560 099
REP BY ITS DIRECTOR -
CHAND BELANI
...PETITIONER
(BY SRI GOUTHAM S. BHARADWAJ & SRI P. ANAND, ADVOCATES)
AND:
1. KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA
1ST TO 5TH FLOOR
NO.49, CHURCH STREET
BENGALURU - 560 001
REP. BY ITS MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICE
KARNATAKA STATE POLLUTION
CONTROL BOARD
REGIONAL OFFICE,
BANGALORE-ANEKAL, 2ND FLOOR
-8-
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
"NISARGA BHAVAN"
7TH 'D' CROSS, THIMMAIAH ROAD
SANEGORAVANAHALLI
SHIVANAGAR
BENGALURU - 560 010
...RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER/DEMAND NOTICE DATED 13.07.2023 ISSUED
RESPONDENT No. 2 DIRECTING THE PETITIONER TO PAY AN
ENVIRONMENT COMPENSATION OF Rs.3,73,95,000/- (RUPEES
THREE CRORE SEVENTY THREE LAKH NINETY FIVE THOUSAND
ONLY) (IN ANNEXURE-A) & ETC.
IN W.P. NO. 20573/2023
BETWEEN:
1. M/S K K INDUSTRIES
NO. 162-A, BOMMASANDRA-JIGANI
LINK ROAD, BANGALORE - 560 105
REPRESENTED BY ITS
MANAGING PARTNER
KAMAL BHANDARI
...PETITIONER
(BY SRI GOUTHAM S. BHARADWAJ & SRI P. ANAND, ADVOCATES)
AND:
1. KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA
1ST TO 5TH FLOOR
NO.49, CHURCH STREET
BENGALURU - 560 001
REPRESENTED BY ITS
MEMBER SECRETARY
-9-
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
2. THE ENVIRONMENTAL OFFICE
KARNATAKA STATE POLLUTION
CONTROL BOARD
REGIONAL OFFICE
BANGALORE-ANEKAL
2ND FLOOR, "NISARGA BHAVAN"
7TH D CROSS
THIMMAIAH ROAD
SANEGORAVANAHALLI
SHIVANAGAR
BENGALURU - 560 010
...RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER/DEMAND NOTICE DATD 12.07.2023 ISSUED RESPONDENT
No. 2 DIRECTING THE PETITIONER TO PAY AN ENVIRONMENT
COMPENSATION OF Rs.2,44,50,000/- (RUPEES TWO CRORE FORTY
FOUR LAKH FIFTY THOUSAND) (IN ANNEXURE-A) & ETC.
IN W.P. NO. 5224/2024
BETWEEN:
1. GRG FINE FOODS PVT. LTD.
PLOT NO. 121H
BOMMASANDRA INDUSTRIAL AREA
HOSUR ROAD
ANEKAL TALUQ
BENGALURU - 560 099
REPRESENTED BY ITS
DIRECTOR
MR. SATHYA PRAKASH G.
...PETITIONER
(BY SRI B.C. TIRUVENGADAM, SENIOR ADVOCATE A/W
SRI MANIK B.T., ADVOCATE)
- 10 -
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
AND:
1. THE STATE OF KARNATAKA
MINISTRY OF ENVIRONMENT
AND FORESTS
KARNATAKA GOVERNMENT SECRETARIAT
ROOM NO. 448, 4TH FLOOR
GATE NO. 2, M.S. BUILDING
BENGALURU - 560 001
REPRESENTED BY ITS
CHIEF SECRETARY
2. KARNATAKA STATE ENVIRONMENT
APPELLATE AUTHORITY
M.S. BUILDING
BENGALURU - 560 001
REPRESENTED PRESENTLY
BY ITS SECRETARY
BENGALURU - 560 001
3. THE KARNATAKA STATE POLLUTION
CONTROL BORAD
PARISARA BHAVANA
1ST TO 5TH FLOOR,
48 CHURCH STREET
BENGALURU - 560 001
REPRESENTED BY ITS
MEMBER SECRETARY
...RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE 1ST RESPONDENT TO CONSTITUTE/
FILL THE VACANCIES IN THE KARNATAKA STATE APPELLATE
AUTHORITY, BENGALURU UNDER SECTION 28 WATER
(PREVENTION AND CONTROL OF POLLUTION) ACT 1974 AND ETC.
- 11 -
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
IN W.P. NO. 5674/2024
BETWEEN:
1. V. RANGANATH
S/O R. VARDHA REDDY
AGED ABOUT 70 YEARS
R/O NO.551, 12TH CROSS
IDEAL HOMES SOCIETY LAYOUT
RAJARAJESHWARI NAGAR
BANGALORE - 560 098
...PETITIONER
(BY SRI SHRAVAN MADHAV K.P., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIRORNMENT
ROOM NO.709, 7TH FLOOR
GATE NO.4, M.S. BUILDING
BANGALORE - 560 001
2. SENIOR ENVIRORNMENTAL OFFICER
KARNATAKA STATE POLLUTION
CONTROL BOARD
ZONAL OFFICE BANGALORE CITY
3RD FLOOR, 'NISARGA BHAVAN'
7TH 'D' CROSS, THIMMAIAH ROAD
SHIVANAGAR
BANGALORE - 560 079
3. REGIONAL OFFICER
KARNATAKA STATE POLLUTION
CONTROL BOARD
REGIONAL OFFICE BANGALORE CITY WEST
1ST FLOOR, 'NISARGA BHAVAN'
7TH 'D' CROSS, THIMMAIAH ROAD
SHIVANAGAR
BANGALORE - 560 079
4. THE CHAIRMAN
KARNATAKA STATE POLLUTION
- 12 -
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
CONTROL BOARD
'PARISARA BHAVAN'
1ST TO 5TH FLOOR
#49, CHURCH STREET
BANGALORE - 560 001
5. THE ENVIRORNMENTAL OFFICER
KARNATAKA STATE POLLUTION
CONTROL BOARD
REGIONAL OFFICE
BENGALURU CITY WEST
1ST FLOOR, D CROSS
THIMMAIAH ROAD
SHIVANAGAR
BENGALURU - 560 079
6. KARNATAKA STATE POLLUTION
CONTROL BOARD
CENTRAL ENVIRORNMENTAL LABORATORY
REPRESENTED BY ITS
AUTHORIZED OFFICER
KSPCB, "NISRAGA BHAVANA"
7TH D CROSS, THIMMAIAH ROAD
SHIVANAGAR,
BENGALURU - 560 079
...RESPONDENTS
(BY SRI S.S. MAHENDRA, GOVERNMENT ADVOCATE FOR R1 &
SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R2 TO 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER
QUASHING THE IMPUGNED LETTER DATED 17.01.2024 ISSUED
RESPONDENT No. 5 (AT ANNEXURE-AS) AND ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 13 -
NC: 2024:KHC:31890-DB
WP No. 5389 of 2020
c/w WP Nos. 9941/2021, 19984/2023
20288/2023, 20351/2023, 20393/2023,
20573/2023, 5224/2024 & 5674/2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE KRISHNA S DIXIT
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) In all these nine writ petitions, the issue is identical and the contentions are common. They were heard together and are disposed of by this common order.
2. Heard learned Senior Advocate Mr. S.S. Naganand assisted by learned advocate Mr. Arihant R. Sungay for learned advocate Smt. Sumana Naganand for the petitioners in Writ Petition No.5389 of 2020 and Writ Petition No.9941 of 2021, learned advocate Mr. Shivaraj N. Arali for the petitioner in Writ Petition No.19984 of 2023, learned advocates Mr. P. Anand and Mr. Ankith Jain for the petitioners in Writ Petition No.20288 of 2023 and Writ Petition No.20351 of 2023, learned advocates Mr. Goutham S. Bharadwaj and Mr. P. Anand for the petitioners in Writ Petition No.20393 of 2023 and Writ Petition No.20573 of 2023, learned Senior Advocate Mr. B.C. Tiruvengadam assisted by learned advocate Mr. B.T. Manik for the petitioner in Writ Petition No.5224 of 2024, learned
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NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024 advocate Mr. K.P. Shravan Madhav for the petitioner in Writ Petition No.5674 of 2024.
2.1 Learned advocate Mr. Mahesh A. Chowdhary was heard on behalf of the respondent-the Karnataka State Pollution Control Board as also learned Additional Government Advocate Mr. S.S. Mahendra for the State and its authorities in all the petitions.
3. Writ Petition No.5389 of 2020 is treated as lead matter for the purpose of recording basic facts what is prayed in the petition is to set aside the Demand Notice dated 17.02.2020 issued by respondent No.2-Environmental Officer of the Karnataka State Pollution Control Board. The said Demand Notice imposes Interim Environmental Compensation of Rs.1 crore on the petitioner- industry. It is stated that the petitioner-industry falls under Large Orange category as per the order passed by the National Green Tribunal (NGT). The notice requires the petitioner to pay the said amount failing which, it is stated, action under the provisions of law would be initiated.
3.1 The case of this petitioner is that it is one of the leading automotive component manufacturer company which started its
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NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024 commercial production in the year 1987. It has the key business area of Precise Forged and Machined Engine components used in the automotive industry. The predecessor company of the petitioner was M/s. Gearock Forge Private Limited which merged with the petitioner-company. It is claimed that the petitioner- company has been functioning in accordance with the norms and is compliant with the provisions of the different pollution control laws. 3.2 While the individual facts relating to the different petitioners may vary, the challenge is common by all the petitioners to whom the respondent-Environmental Officer of the State Pollution Control Board has issued the Demand Notices asking them to pay the Interim Environmental Compensation. The basic facts virtually run parallel. For the reasons stated in the notices which pertain to alleged violations of the provisions of the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and the Rules framed under the Environment (Protection) Act, 1986, further alleging that the operation of the industry contributed to pollution in the surrounding environment by contaminating air, water and soil.
- 16 -
NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024 3.3 The details of different petitioners, date of the Demand Notices and the amount demanded towards the Interim Environmental Compensation are given in the tabular form as under, Amount of Date of the Interim impugned Case No. Name of the petitioner Environmental Demand Compensation Notice demanded W.P.No.5389/2020 M/s.Sansera 17.02.2020 Rs.1,00,00,000/-
Engineering Limited W.P.No.9941/2021 CIE Automotive India 31.01.2020 Rs.1,00,00,000/-
Limited W.P.No.19984/2023 Aron Universal Ltd., 12.07.2023 Rs.5,04,90,000/- W.P.No.20288/2023 M/s. Arihant Metals & 12.07.2023 Rs.1,82,25,000/-
Extruded Private Limited W.P.No.20351/2023 M/s. Ratna Enterprises 12.07.2023 Rs. 81,60,000/- W.P.No.20393/2023 M/s. Ramsons Garmet 13.07.2023 Rs.3,73,95,000/-
Finishing Equipments Private Limited W.P.No.20573/2023 M/s. KK Industries 12.07.2023 Rs.2,44,50,000/- W.P.No.5224/2024 GRG Fine Foods 05.01.2024 Rs. 31,50,000/-
Private Limited W.P.No.5674/2024 V. Ranganath 17.01.2024 Rs. 68,62,500/-
- 17 -
NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024 3.4 One of the common ground for Interim Environmental Compensation in all the Demand Notices to the different petitioners is that the notices are issued pursuant to the directions issued by the NGT in the order dated 10.07.2019 read with the order dated 14.11.2019 in Original Application No.1038 of 2018.
4. On behalf of the respective petitioners, learned advocates raised the following contentions,
(i) The demand of Interim Environmental Compensation from the petitioners is wrongly based on the orders of the NGT in Original Application No.1038 of 2018. The said orders do not contain any such direction and it is not applicable to the facts of the case of the petitioners.
(ii) The order of the NGT only directs the Central Pollution Control Board in coordination with the State Pollution Control Board to prohibit polluting operations in severely polluted areas and assess the compensation to be recovered from such industries.
(iii) The petitioners are not located in the areas covered under the directions of the NGT. The impugned notices, therefore, suffer from non-application of mind.
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NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024
(iv) The Demand Notices are issued unilaterally without affording any opportunity to the petitioners to put forth their case and raise the defence against the demand of Interim Environmental Compensation. Therefore, they are in breach of natural justice and not liable to be sustained on that ground alone.
(v) The respondents have misguided themselves in applying the parameters applicable to the residential zone instead of applying the parameters applicable to the industrial zone. 4.1 Several other contentions came to be advanced on the basis of the grounds pleaded in the respective petitions. In the first mentioned writ petition it was also the case, like in several others, that the closure order passed against the petitioner-unit earlier came to be set aside in the writ proceedings. Therefore, there was no good reason for the respondent-State Pollution Control Board to issue such Demand Notices. It is the common ground urged by all the petitioners that their industrial units have been functioning by complying with the pollution laws and norms fixed by the State Pollution Control Board.
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NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024 4.2. The first decision which was relied on by the petitioners was in M/s. Paragon Polymers Products Private Limited Vs. the Karnataka State Pollution Control Board which was Writ Petition No.5847 of 2020 and cognate petitions decided by the Division Bench of this Court on 16.03.2020. In that, the challenge was to similar notices issued by the State Pollution Control Board asking to pay the Interim Environmental Compensation or Environmental Compensation based on the orders of the NGT in Original Application No.1038 of 2018. The demand was set aside by the Court on the ground that the Board failed to justify the demand with reference to any statutory provision. The State Pollution Control Board was, however, permitted to take action in accordance with law, if the petitioner-unit was found to have committed any violation of the provisions of the Air Act or the Water Act. 4.3 Another decision relied on was in Suhas S. Kulkarni Vs. Karnataka State Pollution Control Board in Writ Petition No.22831 of 2021 decided on 08.11.2022 in which, notice issued under Section 33A of the Water Act was challenged. The said petition was dismissed on the ground of alternate remedy available under Section 33B of the Water Act.
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NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024 4.4 The order on the similar lines was passed in M/s. Southern Bakeries Pvt. Ltd. Vs. The Karnataka State Pollution Control Board being Writ Petition No.22918 of 2023 decided on 02.11.2023, therein the Court disposed of the petition with liberty to the petitioner to avail the remedy of appeal under Section 33B of the Water Act.
4.5 In Writ Petition No.22120 of 2023 which was in Hikal Limited Vs. Karnataka State Pollution Control Board decided on 10.10.2023, the order on similar line was passed treating the Demand Notice for Environmental Compensation to be a show-cause-notice, to afford the opportunity to the petitioner to submit its reply and directing the authorities to pass the order. 4.6 In course of the hearing, all the learned advocates for the petitioners submitted also that the respective petitioner may be permitted to raise all the permissible grounds before the respondent-Karnataka State Pollution Control Board since the Demand Notices have been unilaterally issued without notice to them.
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NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024
5. Having considered the grounds raised in the memorandum of respective petitions, upon hearing learned counsels for the parties and further noticing the orders passed in M/s. Paragon Polymers Products (supra), the Court is of the view that since the petitioners' case inter alia is that they were not heard before passing the respective impugned Demand Notices and that they had no opportunity to put forward their respective case, interests of justice would be subserved if the order is passed to remit back the cases.
5.1 The below-mentioned directions are issued,
(i) The respective cases are remitted back to the respondent- Karnataka State Pollution Control Board.
(ii) In each petition, the Demand Notice which are detailed in the tabular form in paragraph 7 shall be treated as show-cause-notice issued by the State Pollution Control Board.
(iii) The petitioner concerned shall be permitted to file its reply which may be filed within two weeks from the date of receipt of the present order.
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NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024
(iv) The respondent-State Pollution Control Board shall consider the reply and the defence of the respective petitioners.
(v) The Board shall give them opportunity of hearing.
(vi) The Board shall intimate the date to the petitioner concerned in this regard.
(vii) The petitioners shall be entitled to raise all the contentions, both on facts and in law, against the impugned Demand Notices asking for payment of Interim Environmental Compensation.
(viii) The respondent-State Pollution Control Board after affording opportunity to the petitioners, 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 Notices, to be show-cause-notices and giving opportunity to the petitioners of having heard and pass fresh orders, the Demand Notices impugned in each of the respective petitions are hereby set aside.
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NC: 2024:KHC:31890-DB WP No. 5389 of 2020 c/w WP Nos. 9941/2021, 19984/2023 20288/2023, 20351/2023, 20393/2023, 20573/2023, 5224/2024 & 5674/2024
6. It is clarified that the Court has not gone into the merits of the case of the petitioners nor has expressed any opinion on the merits.
6.1 All the contentions raised by the petitioners before the State Pollution Control Board shall be considered by the Board in accordance with law and on their own merits.
7. All the petitions are disposed of in terms of the above directions.
In view of disposal of the petitions, the interlocutory applications would not survive and they stand accordingly disposed of.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(KRISHNA S DIXIT) JUDGE AHB