IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.12688 OF 2019 (GM-POL) BETWEEN:
ITTINA AKKALA APARTMENT OWNER’S ASSOCIATION ITTINA AKKALA APARTMENTS SY NO.174/1B, 174/3, 176/1 AND 176/4, OF HOODI VILLAGE K.R. PURAM HOBLI BENGALURU EAST TALUK BENGALURU-560082 REPRESENTED BY ITS PRESIDENT SRI SUNDARAM CHANDRASHEKHARAN S/O LATE N. SUNDARAM AGED ABOUT 62 YEARS (BY SHRI ANIL KUMAR J.M., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY (ECOLOGY AND ENVIRONMENT) FOREST ECOLOGY AND ENVIRONMENT DEPARTMENT 7TH FLOOR, M.S.BUILDING BANGALORE-560001 ... PETITIONER 2. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA, 1ST TO 4TH FLOOR, BENGALURU-560001 REPRESENTED BY ITS MEMBER SECRETARY 3. BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE-560009 REPRESENTED BY ITS CHIEF ADMINISTRATIVE OFFICER AND SECRETARY 4. M/S ITTINA PROPERTIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT 3RD BLOCK, KORAMANGALA BENGALURU-560034 REPRESENTED BY ITS MANAGING DIRECTOR.
... RESPONDENTS (BY SHRI P.B. ACHAPPA, AGA FOR R1, SHRI D. NAGARAJ, ADVOCATE FOR R2, R3 – SERVED & SMT. PRIYA, ADVOCATE FOR SHRI T. SURYANARAYANA, ADVOCATE FOR R4) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED REFUSAL ORDER DATED 24.05.2018 PASSED BY THE R-2 VIDE ANNEXURE-P TO THE W.P. AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Against the impugned order passed under clause (b) of Section 25(4) and Section 27 of the Water (Prevention and Control of Pollution) Act, 1974 (for short ‘the said Act’), a substantive remedy of appeal has been provided under Section 28 of the said Act.
2. In view of availability of the efficacious remedy of appeal, we decline to entertain this petition under Article 226 of the Constitution of India. Accordingly, the petition is disposed of by granting liberty to the petitioner to adopt the remedy.
The Appellate Authority is bound to note that this writ petition was filed in this Court on 18th March 2019 and that the same remained pending till today.
All contentions raised in this petition are kept open.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB