IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.58194 OF 2018 & WRIT PETITION NO.1389 OF 2019 (GM-POL) BETWEEN:
M/S. AKASH R. HANJI – SAND STONE CRUSHER PRODUCTS YAMAKANMARDI DIST: BELAGAVI BY ITS PROPRIETOR RAVINDRA S/O BASAVENAPPA HANJI AGE: 47 YAERS, OCC: BUSINESS R/O YAMAKANMARDI VILLAGE TALUK: HUKKERI, DIST: BELAGAVI – 591 309 (BY SRI ARUNA SHYAM M., ADVOCATE) ... PETITIONER AND:
1. THE ENVIRONMENT OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD BELAGAVI – 2 (CHIKODI CENTER) – 591 201 2. KARNATAKA STATE POLLUTION CONTROL BOARD THROUGH ITS CHAIRMAN ‘PARISAR BHAVAN’ 1ST TO 5TH FLOOR #49, CHURCH STREET BENGALURU – 560 001 (BY SRI D.NAGARAJ, AGA) ---
... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.10.2018 PRODUCED VIDE ANNEXURE-A PASSED BY THE RESPONDENT NO.2 BOARD WITHDRAWING THE CONSENT FOR OPERATION DATED 15.09.2017 GRANTED TO THE PETITIONER AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Sri D.Nagaraj, learned Additional Government Advocate appears for the respondents.
2. Heard.
3. Learned counsel for the petitioner submits that since the Government of Karnataka has not appointed a Chairman to the Karnataka State Appellate Authority, Bengaluru under the Water and Air (Prevention and Control of Pollution) Acts, 1974 and 1981 respectively, he may be granted liberty to approach the National Green Tribunal (‘NGT’). He further submits that similar petitions filed under the Water (Prevention and Control of Pollution) Act, 1974 are pending before the NGT.
4. In view of the submissions made by learned counsel for the petitioner, these petitions stand disposed of reserving liberty to the petitioner to approach the NGT.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB