Karnataka High Court
M/S. Paragon Polymers Products Private ... vs The Karnataka State Pollution Control ... on 16 March, 2020
Equivalent citations: AIR 2021 (NOC) 34 (KAR.), AIRONLINE 2020 KAR 1560
Author: Abhay S. Oka
Bench: Abhay S. Oka
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2020
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NOS.5847/2020, 5808/2020, 5446/2020,
5456/2020, 5495/2020, 5562/2020, 5132/2020, 5146/2020,
5502/2020, 5151/2020, 5684/2020 AND 5755/2020 (GM-POL)
IN W.P.NO.5847/2020
BETWEEN:
M/S. PARAGON POLYMERS PRODUCTS
PRIVATE LIMITED
NO.489, 14TH CORSS, IV PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS MANAGER-HR
MR. ANIL KUMAR T.P,
S/O. VELAYUDAM,
AGED ABOUT 35 YEARS,
M/S. PARAGON POLYMERS PRODUCTS
PRIVATE LIMITED,
NO.489, 14TH CORSS, IV PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... PETITIONER
(BY SRI SHIVARAJ N. ARALI., ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD,
PARISARA BHAVANA,
1ST TO 5TH FLOOR,
# 48, CHURCH STREET,
-2-
BENGALURU - 560 001.
REPRESENTED BY ITS MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICER
REGIONAL OFFICE-PEENYA,
URBAN ECO PARK, 100 FT. ROAD,
3RD PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEXURE-A, ORDER/DEMAND NOTICE DATED
30.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN 15 DAYS,
INTERIM ENVIRONMENT COMPENSATION OF RS.50,00,000/-
(RUPEES FIFTY LAKHS ONLY), BY DEMAND DRAFT IN FAVOUR
OF MEMBER SECRETARY, KSPCB, BENGALURU AND ETC.
IN W.P.NO.5808/2020
BETWEEN:
M/S. PARAGON POLYMERS
PRODUCTS PVT., LTD.,
No.397/398, IV PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU-560 058.
REPRESENTED BY ITS MANAGER-HR,
MR. ANIL KUMAR T.P,
S/O. VELAYUDAM,
AGED ABOUT 35 YEARS,
M/S. PARAGON POLYMERS
PRODUCTS PVT., LTD.,
No.397/398, IV PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU-560 058.
... PETITIONER
(BY SRI SHIVARAJ N ARALI, ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA, 1ST TO 5TH FLOOR,
-3-
# 49, CHURCH STREET,
BENGALURU-560 001.
REPRESENTED BY ITS MEMBER SECRETARY.
2. THE ENVIRONMENTAL OFFICER
REGIONAL OFFICE - PEENYA,
URBAN ECO PARK, 100 FT ROAD,
3RD PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU-560 058.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEXURE-A, ORDER/DEMAND NOTICE DATED
30.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN
DAYS, INTERIM ENVIRONMENT COMPENSATION OF
Rs.1,00,00,000/- (RUPEES ONE CRORE ONLY) BY DEMAND
DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU AND ETC.
IN W.P.NO.5446/2020
BETWEEN:
M/S. TOYOTA INDUSTRIES ENGINE
INDIA PRIVATE LIMITED,
PLOT No.9, PHASE 2,
JIGANI INDUSTRIAL AREA,
JIGANI,
BENGALURU-560 105.
REPRESENTED BY ITS
WHOLETIME DIRECTOR
MR. PARAMESWARAN BALAKRISHNAN
... PETITIONER
(BY SRI RAJIV KHAITAN, ADVOCATE)
AND:
THE KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA,
1ST TO 5TH FLOOR,
# 49, CHURCH STREET,
-4-
BENGALURU-560 001.
REPRESENTED BY
ITS MEMBER SECRETARY.
... RESPONDENT
(BY SRI GURURAJ JOSHI, ADVOCATE)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER DATED 31.01.2020 AT
ANNEXURE-Q ISSUED BY THE RESPONDENT, DIRECT THE
RESPONDENT AND ITS OFFICERS TO REFRAIN FROM TAKING
ANY ACTION PURSUANT TO THE IMPUGNED ORDER DATED
31.01.2020 AT ANNEXURE-Q AND ETC.
IN W.P.NO.5456/2020
BETWEEN:
M/S. TAEGUTEC INDIA PRIVATE LIMITED
PLOT NOS.119 AND 120,
BOMMASANDRA INDUSTRIAL AREA,
PHASE IV, BENGALURU - 560 099.
REPRESENTED BY ITS MANAGING DIRECTOR
MR. L.KRISHNAN
... PETITIONER
(BY SRI OM PRAKASH AGARWAL, ADVOCATE)
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. THE KARNATAKA STATE POLLUTION
CONTROL BOARD, RO ANEKAL,
2ND FLOOR, NISARGA BHAVAN,
7TH D CROSS, THIMMAIAH ROAD,
SANEGORANAHALLI, SHIVANAGAR,
BENGALURU - 560 010.
REPRESENTED BY
ENVIRONMENTAL OFFICER.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
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---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER DATED 31.01.2020 AT
ANNEXURE-L ISSUED BY THE RESPONDENT No.2, DIRECT
THE RESPONDENTS AND ITS OFFICERS TO REFRAIN FROM
TAKING ANY ACTION PURSUANT TO THE IMPUGNED ORDER
DATED 31.01.2020 AT ANNEXURE-L AND ETC.
IN W.P.NO.5495/2020
BETWEEN:
M/S. JEANS KNIT PRIVATE LIMITED
No.21, E-1 AND 20/A, II PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU-560 058.
REPRESENTED BY ITS MANAGING DIRECTOR
MR. LAXMI NARAYAN GAUR,
S/O. MR. NEMI CHAND SHARMA,
AGED ABOUT 64 YEARS,
M/S. JEANS KNIT PVT., LTD.,
No.12, E-1 AND 20-A, II PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU-560 058.
... PETITIONER
(BY SRI SHIVARAJ N ARALI, ADVOCATE)
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. THE ENVIRONMENTAL OFFICER
REGIONAL OFFICE - PEENYA,
URBAN ECO PARK, 100 FT ROAD,
3RD PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU-560 058.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
---
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ANNEXURE-A, ORDER/DEMAND NOTICE DATED
31.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN
DAYS, INTERIM ENVIRONMENT COMPENSATION OF
Rs.1,00,00,000/- (RUPEES ONE CRORE ONLY) BY DEMAND
DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU AND ETC.
IN W.P.NO.5562/2020
BETWEEN;
M/S. ENN ARR ENTERPRISES
SHED NO.57-A, II STAGE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS PROPRIETRIX,
MRS. NANCY ROY,
W/O. ROY MATHEN,
AGED ABOUT 47 YEARS,
M/S. ENN ARR ENTERPRISES,
SHED NO.57-A, II STAGE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... PETITIONER
(BY SRI SHIVARAJ N. ARALI, ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD,
PARISARA BHAVANA,
1ST TO 5TH FLOOR,
BENGALURU - 560 001.
REPRESENTED BY ITS MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICER
REGIONAL OFFICE-PEENYA,
URBAN ECO PARK, 100 FT. ROAD,
3RD PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
---
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEXURE-A, ORDER/DEMAND NOTICE DATED
30.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN
DAYS, INTERIM ENVIRONMENT COMPENSATION OF
RS.25,00,000/- (RUPEES TWENTY FIVE LAKHS ONLY), BY
DEMAND DRAFT IN FAVOUR OF MEMBER SECRETARY,
KSPCB, BENGALURU AND ETC.
IN W.P.NO.5132/2020
BETWEEN:
M/S. KDDL LIMITED
No.296/297, 5TH MAIN,
4TH PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS BUSINESS
HEAD, MR. B. SATISH,
O/A No296/297,
5TH MAIN, 4TH PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU-560 058.
... PETITIONER
(BY SRI SHIVARAJ N. ARALI, ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD,
PARISARA BHAVANA
1ST TO 5TH FLOOR,
BENGALURU - 560 001.
REPRESENTED BY ITS MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICER
HAZARDOUS WASTE SECTION,
KARNATAKA STATE POLLUTION CONTROL BOARD,
'PARISARA BHAVAN',
1ST TO 5TH FLOOR,
#49, CHURCH STREET,
BENGALURU - 560 001.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
---
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEXURE-A, ORDER/DEMAND NOTICE DATED
31.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN
DAYS, INTERIM ENVIRONMENT COMPENSATION OF
RS.1,00,00,000/- (RUPEES ONE CRORE ONLY), BY DEMAND
DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU AND ETC.
W.P.NO.5146/2020
BETWEEN:
M/S. HEALTHIUM MEDTECH PRIVATE LIMITED
PLOT/PHASE NO.472/D,
13TH CROSS, IV PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS COMPANY SECRETARY
MRS. PALLAVI KARKERA,
W/O. MR. KIRANKUMAR N,
AGED ABOUT 35 YEARS,
M/S, HEALTHIUM MEDTECH PRIVATE LIMITED
NO.472/D, 13TH CROSS, IV PHASE,
PEENYA INDUSTRIAL AREA
BENGALURU - 560 058.
... PETITIONER
(BY SRI SHIVARAJ N. ARALI., ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD,
PARISARA BHAVANA
1ST TO 5TH FLOOR,
BENGALURU - 560 001.
REPRESENTED BY ITS MEMBER SECRETARY
2. ENVIRONMENTAL OFFICER
HAZARDOUS WASTE SECTION,
THE KARNATAKA STATE POLLUTION
CONTROL BOARD, 'PARISARA BHAVANA'
1ST TO 5TH FLOOR, # 49, CHURCH STREET
BENGALURU - 560 001.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
-9-
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNXURE-A, ORDER/DEMAND NOTICE DATED
30.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN
DAYS, INTERIM ENVIRONMENT COMPENSATION OF
RS.1,00,00,000/- (RUPEES ONE CRORE ONLY) BY DEMAND
DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU AND ETC.
IN W.P.NO.5502/2020
BETWEEN:
M/S. MICRO LABS LIMITED
PLOT NO.67/68-A, III PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS GENERAL MANAGER
MR. ASHOK KUMAR G.,
S/O. GOPALAKRISHNAN D,
AGED ABOUT 42 YEARS,
M/S. MICRO LABS LIMITED,
PLOT NO.67/68-A, III PHASE,
PEENYA INDUSTRIAL AREA
BENGALURU - 560 058.
... PETITIONER
(BY SRI SHIVARAJ N. ARALI., ADVOCATE)
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. THE ENVIRONMENTAL OFFICER
REGIONAL OFFICE-PEENYA,
URBAN ECO PARK, 100 FT. ROAD,
3RD PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
- 10 -
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNXURE-A ORDER/DEMAND NOTICE DATED
31.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN
DAYS, INTERIM ENVIRONMENT COMPENSATION OF
RS.1,00,00,000/- (RUPEES ONE CRORE ONLY), BY DEMAND
DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU AND ETC.
IN W.P.NO.5151/2020
BETWEEN:
M/S. QUENBY TRANSFERS (INDIA)
PRIVATE LIMITED
NO.542, IV PHASE, 14TH CROSS,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS MANAGER-PERSONNEL
AND COMPLIANCE,
Y. SUBBA RAO,
No.542, IV PHASE, 14TH CROSS,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... PETITIONER
(BY SRI SHIVARAJ N. ARALI., ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD,
PARISARA BHAVANA,
1ST TO 4TH FLOOR, BENGALURU - 560 001.
REPRESENTED BY ITS MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICER
REGIONAL OFFICE-PEENYA,
URBAN ECO PARK, 100 FT. ROAD,
3RD PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
---
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNXURE-A, ORDER/DEMAND NOTICE DATED
30.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN
DAYS, INTERIM ENVIRONMENT COMPENSATION OF
RS.1,00,00,000/- (RUPEES ONE CRORE ONLY), BY DEMAND
DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU AND ETC.
IN W.P.NO.5684/2020
BETWEEN:
M/S. MICROTEX ENERGY PRIVATE LIMITED
PLOT NO.42 AND 43, II PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS
VICE PRESIDENT OPERATIONS
MR. R.BALRAJ,
O/A. PLOT No.42 AND 43,
2ND MAIN, 2ND PHASE,
PEENYA INDUSTRIAL AREA
BENGALURU - 560 058.
... PETITIONER
(BY SRI SHIVARAJ N. ARALI., ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD, PARISARA BHAVANA,
1ST TO 4TH FLOOR,
BENGALURU - 560 001.
REPRESENTED BY ITS MEMBER SECRETARY
2. ENVIRONMENTAL OFFICER
RO, KARNATAKA STATE POLLUTION
CONTROL BOARD,
URBAN ECO PARK, 100 FT. ROAD,
3RD PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
---
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEXURE-A, ORDER/DEMAND NOTICE DATED
30.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN
DAYS, INTERIM ENVIRONMENT COMPENSATION OF
RS.1,00,00,000/- (RUPEES ONE CRORE ONLY), BY DEMAND
DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB,
BENGALURU AND ETC.
IN W.P.NO.5755/2020
BETWEEN:
M/S. VIJAYA SEAMLESS CONTAINERS
PRIVATE LIMITED
PLOT NO.189, 11TH MAIN, III PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
REPRESENTED BY ITS PROPRIETRIX
MR. MUKUND, S/O. KRISHNA V,
AGED ABOUT 58 YEARS,
M/S. VIJAYA SEAMLESS CONTAINERS
PRIVATE LIMITED,
PLOT NO.189, 11TH MAIN, III PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... PETITIONER
(BY SRI SHIVARAJ N. ARALI., ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA,
1ST TO 5TH FLOOR,
BENGALURU - 560 001.
REPRESENTED BY ITS MEMBER SECRETARY
2. THE ENVIRONMENTAL OFFICER
REGIONAL OFFICE-PEENYA,
URBAN ECO PARK, 100 FT. ROAD,
3RD PHASE, PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
... RESPONDENTS
(BY SRI GURURAJ JOSHI, ADVOCATE)
---
- 13 -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEXURE-A, ORDER/DEMAND NOTICE DATED
31.01.2020 PASSED BY THE RESPONDENT No.2, IMPOSING
AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN
DAYS, INTERIM ENVIRONMENT COMPENSATION OF
RS.25,00,000/- (RUPEES TWENTY FIVE LAKHS ONLY), BY
DEMAND DRAFT IN FAVOUR OF MEMBER SECRETARY,
KSPCB, BENGALURU AND ETC.
THESE PETITIONS COMING ON FOR
ORDERS/PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:
ORDER
We have heard the learned counsel appearing for the petitioners and the learned counsel appearing for the Karnataka State Pollution Control Board (for short 'KSPCB').
2. In W.P.Nos.5847, 5808, 5495, 5562, 5132, 5146, 5502, 5151, 5684, 5755 and 5847 of 2020, there is a challenge to the notices issued at Annexure-'A' by which, demands for interim environmental compensation or environmental compensation charges based on the orders of the National Green Tribunal have been made. Similarly, in W.P.Nos.5446 and 5456 of 2020, there is a challenge to Annexures-'Q' and 'L' respectively wherein the challenge is same.
3. The demand of environmental compensation charges is based on the orders dated 10th July 2019 and 14th November 2019 in O.A.No.1038/2018 and the order dated 11th
- 14 -
January 2019 in O.A.No.95/2018. The copies of the said orders along with the memo are placed on record in W.P.No.5495/2020. After going through the said orders, we find that no direction has been issued by the National Green Tribunal against KSPCB or State Pollution Control Boards to recover or demand environmental compensation whether interim or otherwise, or environmental compensation charges. When we called upon the learned counsel appearing for KSPCB to point out any such direction issued by the National Green Tribunal or a specific provision under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the Water Act'), the Air (Prevention and Control of Pollution) Act, 1981 (for short 'the Air Act') and the Environmental (Protection) Act, 1986 (for short 'the said Act of 1986'), which authorizes State Pollution Control Boards to claim or demand such amount, the learned counsel is unable to show any provision or direction of National Green Tribunal to justify the demand for interim environment compensation or environmental compensation charges.
4. In any case, the impugned notices which are referred above do not state that any statutory power has been exercised by the KSPCB for making the demands. Therefore,
- 15 -
the demands cannot be sustained. Moreover, no opportunity of being heard was granted to the petitioners before quantifying the demands. Hence, impugned demands cannot be sustained.
5. However, we must make it clear that if the petitioners have committed any default in compliance with the provisions of the Air Act, the Water Act and the said Act of 1986 or any Rules framed under the said statutes, it will be the obligation of the KSPCB to initiate action in accordance with law.
6. With the above observations and clarification, we pass the following order:
(i) The impugned demands for interim environmental compensation or for environmental compensation charges are hereby set aside only on the ground of the failure to justify the demands by referring to any statutory provisions or any binding order;
(ii) Notwithstanding the aforesaid direction of setting aside of the orders of demand, it will be the obligation of the KSPCB to take action in accordance with law in the event the petitioners have committed violation of the provisions of the Air
- 16 -
Act or the Water Act or the said Act of 1986 or any Rules or order made under the said statutes;
(iii) The writ petitions are disposed of on the above terms.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE PYR