IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2nd DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE BELLUNKE A. S. WRIT PETITION NO. 31494 / 2019 (GM – POL) BETWEEN:
M/S. JASKY EXPORTS PRIVATE LIMITED REP. BY ITS DIRECTOR SHRI. JOHN JOSEPH AGE 42 YEARS SY.NO.91/3, SHED 1 & 2 DRUVA INDUSTRIAL ESTATE CHEEMASANDRA VIRGONAGAR POST BANGALORE – 560 049 ... PETITIONER (BY SHRI RAGHAVENDRA B. HANJER, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMETN OF FOREST ENVIORNMENT AND ECOLOGY KARNATAKA GOVERNMENT SECRETARIAT 4TH FLOOR, GATE NO.2 M.S. BUILDING BANGALORE – 560 001 2. THE KARNATAKA STATE POLLUTION CONTROL BOARD REP. BY ITS MEMBER SECRETARY PARISARA BHAVAN, 1ST TO 5TH FLOOR, NO.49 CHURCH STREET BANGALORE – 560 001 ... RESPONDENTS (BY SHRI S.S. MAHENDRA, AGA FOR R1; SHRI GURURAJ JOSHI, ADVOCATE FOR R2) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CLOSURE DIRECTIONS DATED 19.07.2019 (ANNEXURE-A) AND ETC.
THIS PETITION COMING ON FOR PRELIMINARYHEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The impugned order dated 19th July 2019 has been made in exercise of the powers under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 (for short ‘the said Act of 1974’). A statutory remedy under Section 33(B) of the said Act of 1974 is available to the petitioner which can be said to be an efficacious remedy.
2. The submission of the learned counsel appearing for the petitioner is that there is a breach of the principles of natural justice. If that be so, the said contention can be taken by the petitioner in the statutory remedy.
3. Accordingly, we dispose of the writ petition by granting liberty to the petitioner to adopt the statutory remedy in accordance with law. All contentions are kept open.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN