IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 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.8613 OF 2019 AND WRIT PETITION NOS.8790-8793 OF 2019 (GM-POL) BETWEEN:
INDIA BUILD REALTY PRIVATE LIMITED A COMPANY INCORPORATION UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 6/A, 2ND FLOOR, KABRA EXCELSIOR 7TH MAIN, KORAMANGALA, 1ST BLOCK BENGALURU – 560 034 REPRESENTED BY ITS AUTHORIZED SIGNATORY ... PETITIONER (BY SRI: SHRIKARA P.K AND M.B.ANIRUDH, ADVOCATES) AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA, 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU – 560 001 REPRESENTED BY ITS CHAIRMAN 2. BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARAPARK WEST BENGALURU – 560 020 REPRESENTED BY ITS COMMISSIONER 3. BANGALORE ELECTRICITY SUPPLY COMPANY K.R.CIRCLE BENGALURU – 560 001 REPRESENTED BY ITS CHIEF GENERAL MANAGER ... RESPONDENTS (SRI GURURAJ JOSHI, ADVOCATE FOR RESPONDENT NO.1 SRI.C.RAMAKRISHNA, ADVOATE FOR RESPONDENT NO.2 RESPONDENT NO.3 - SERVED) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 21.12.2018 IN PROCEEDINGS NO.PCB/192/CNP/12/4872 (ANNEXURE-A) PASSED BY THE RESPONDENT NO.1 AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Shri Shrikara P.K., learned advocate for petitioner and Shri Gururaj Joshi, learned advocate for respondent No.1 jointly submit that pursuant to the order of the Hon’ble Supreme Court dated 05.03.2019 in Civil Appeal No.5016/2016 and connected matters (MANTRI TECHZONE PVT. LTD vs. FORWARD FOUNDATION AND ORS.), wherein the Hon’ble Supreme Court has reduced the buffer zone from 25 metres to 10 metres, the orders passed by the Karnataka State Pollution Control Board dated 21.12.2018 and two orders dated 28.01.2019 (Annexures-A, B and C) run counter to the order passed by the Hon’ble Supreme Court.
2. In the circumstances, the said orders (Annexures-A, B and C) are quashed. The consequential order passed by the Bengaluru Development Authority at Annexure-D and order passed by BESCOM at Annexure-E also do not survive for consideration and they are accordingly quashed. The Pollution Control Board shall re-examine the matter in the light of the judgment of the Hon’ble Supreme Court insofar the compliance of buffer zone by the petitioner is concerned.
The petitions are allowed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB