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Sri. N. Chandrashekar vs Karnataka State Pollution Control ... on 16 June, 2020

In the course of argument, learned counsel has strongly placed reliance on the decision rendered by this Court in Shri D.H. Raya Vs. Karnataka State Pollution Control Board referred above as well as the decision of the Hon'ble Supreme Court In Re:Bhavani River Vs. Sakthi Sugars Ltd., (1998) 2 SCC 601 and emphasized that in the light of the proposition laid down in the above decision and for non-compliance of statutory requirement contemplated under section 49(1) (b) of the Water Act, the proceedings initiated against the petitioner amount to abuse of process of Court and therefore the same is liable to be quashed.
Karnataka High Court Cites 18 - Cited by 0 - J M Cunha - Full Document

Sureshkumar Maganlal Patel vs State Of Gujarat, Through Secretary on 1 May, 2001

(e) Re:Bhavani River v/s Sakthi Sugars Ltd., reported in AIR 1998 SC 2578, was a case of water pollution as discharge of objectionable effluents from distillery in river and adjoining areas. In this case, the Supreme Court observed that in such cases of pollution, the High court had fell in error to dispose of the petition on the basis of the consent of the Pollution control Board and such matters should not normally be decided merely on the consent of the Pollution control Board.
Gujarat High Court Cites 7 - Cited by 1 - R R Tripathi - Full Document

Ghansham Ganpat Dupare vs State Of Maharashtra on 2 March, 2010

6] Shri Kapgate, learned counsel for the petitioners however, relied on the decision of the Supreme Court reported in (1998)2 SCC 601 [Bhavani River ..vs.. Sakthi Sugars Ltd], wherein the Apex Court directed closure of the operation of the industry. Learned counsel urged this court to do the same. However, we find from the decision that the Pollution Control Board had accepted and stated that seepage from the unlined lagoons in which effluent has been stored joins the drain and ::: Downloaded on - 09/06/2013 15:39:45 ::: 4 ultimately reaches River Bhavani thereby polluting the river water. We do not find any such report in the present case. Having considered the matter and having noticed the dispute on facts, we are not inclined to go into the matter in exercise of our writ jurisdiction. We consider it appropriate that the matter be decided by the Civil Court.
Bombay High Court Cites 1 - Cited by 0 - S A Bobde - Full Document
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