IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.53262 OF 2017 (GM-RES) BETWEEN:
MRS. H. ZEENATH UNNISA W/O MR. NAWAB JAN AGED ABOUT 51 YEARS R/AT NO.12, MASTAN SAB LANE JOLLY MOHALLA, COTTONPET BANGALORE-560053.
(By Mr. B.S. SATYANANDA, ADV.) AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD ”PARISARA BHAVANA”, NO.49 1ST TO 5TH FLOOR, CHURCH STREET BANGALORE-01 BY ITS DIRECTOR.
2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE-560001.
3. STATION HOUSE OFFICER COTTONPET POLICE STATION BANGALORE-53.
4. THE COMMISSIONER … PETITIONER BRUHATH BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-02.
5. MR. FAZIL AGED ABOUT 28 YEARS M/S FAZIL TRADERS NOs.5 AND 6, MASTAN SAB LANE JOLLY MOHALLA BANGALORE-560053.
6. MR. MUZZU AGED ABOUT 26 YEARS WORKING FOR GAIN AT NO.3, MASTAN SAB LANE JOLLY MOHALLA, BANGALORE-53.
… RESPONDENTS (By Mr. R.B. SATHYANARAYANA SINGH, ADV., FOR R1 (ABSENT) Mr. Y.D. HARSHA, LEARED AGA FOR R2 & R3 Mr. S.N. PRASHANTH CHANDRA, ADV., FOR R4 (ABSENT) R5 – SERVED R6 – SERVED THROUGH HAND SUMMONS) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO 4 TO TAKE IMMEDIATE ACTION BY PROHIBITING/PREVENTING/ CONTROLLING/REGULATING THE R-5 TO 6 THE INCIDENCE AND CONTINUANCE OF THE UNBEARABLE SOUND/NOISE GENERATED FROM THE USAGE OF HEAVY MACHINES/APPARATUS/ EQUIPMENTS FOR CRUSHING THE STEEL SCRAP WHICH IS PARTY OF THEIR BUSINESS IN AND UPON THE PREMISES AT NO. 5, 6 & 3, MASTAN SAB LANE, JOLLY MOHALLA, COTTONPET, BANGALORE-560 053 AS PER ANNEX-B, D & F; COMPLAINT DATED 4.4.2017; ACKNOWLEDGMENT DATED 27.5.2017 AND COMPLAINT DATED 13.11.2017 & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.B.S.Satyananda, learned counsel for the petitioner.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.2 & 3.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to 4th respondent to take immediate action by Prohibiting/Preventing/Controlling/Re gulating the respondents 5 to 6, the incidence and continuance of the unbearable Sound/noise granted from the usage of heavy machines/apparatus/equipments for crushing the steel scrap which is part of their business in and upon the Premises at No.5,6, & 3 Mastan Sab lane, Jolly Mohalla, Cottonpet, Bangalore – 560 053 as per Annexure-B, D & F;
(ii) Grant such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of this case, including costs.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is a heart patient and respondent 5 and 6 are carrying on business of steel scrap in a residential area, which results in noise pollution. It is further submitted that being aggrieved the petitioner has submitted a representation to respondents 1, 2 & 4. However, the aforesaid authority has failed to take any action on the representation and the writ petition be disposed of with a direction to the aforesaid respondents to take appropriate action in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to respondents 1, 2 and 4 to consider and decide their representation submitted by the petitioner by a speaking order after affording an opportunity of hearing to respondents 5 and 6 within a period of three weeks from today.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS