IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 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. 42771 OF 2017 (GM-POL) BETWEEN:
M/S JSW STEEL LTD JSW CENTRE, BANDRAKURLA COMPLEX, BANDRA (EAST) MUMBAI 400051 BRANCH OFFICE AT 6TH FLOOR, EAST WING RAHEJA TOWERS, M G ROAD BANGALORE 560042 WORK OFFICE AT VIJAYANAGAR WORKS P.O.VIDYANAGAR, TORNGALLU, BELLARY 583275 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR MANI C MANUEL GENERAL MANAGER (BY SMT. ANURADHA S R, ADVOCATE) AND:
1. CENTRAL POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN MINISTRY OF ENVIRONMENT , FOREST & CLIMATE CHANGE GOVERNMENT OF INDIA NEW DELHI – 110005.
... PETITIONER 2. KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN PARISARABHAVAN # 49, 4TH & 5TH FLOOR, CHURCH STREET, BANGALORE 560001 3. CENTRAL POLLUTION CONTROL BOARD (BENGALURU) REPRESENTED BY ITS REGIONAL DIRECTOR (BENGALURU)1ST & 2ND FLOORS, NISARGABHAVAN A-BLOCK, THIMMAIAH MAIN ROAD 7TH D CROSS, SHIVANAGAR BENGALURU 560079 4. THE DISTRICT MAGISTRATE DISTRICT COLLECTORATE BALLARI KARNATAKA 583101 5. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN CORPORATE OFFICE KAVERIBHAVAN, K G ROAD BANGALORE 560009 ... RESPONDENTS (BY SRI. L MAHESH, ADVOCATE FOR R1;
SRI. JEEVAN J NEERALGI, ADVOCATE FOR R2; SRI. SYEDA SHEHNAZ, ADVOCATE FOR R3; SMT. PADMA S UTTUR, ADVOCATE FOR R5; SRI. T L KIRAN KUMAR, AGA FOR R4) ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORD AND PROCEEDING CULMINATING IN TO THE IMPUGNED DIRECTIONS DATED 5.9.2017 VIDE ANNEX-A AND QUASH OR SET ASIDE THE IMPUGNED DIRECTIONS DATED 5.9.2017 PASSED BY R-1 VIDE ANNEX-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, P.S.Dinesh Kumar.J., MADE THE FOLLOWING:
ORDER Petitioner has called in question order dated 05.09.2017 passed by the Central Pollution Control Board.
2. The Central Pollution Control Board, after conducting an inspection recorded certain observations and by communication dated 05.09.2017 called upon the petitioner to ensure compliance of directions contained therein. Subsequently on 13.12.2018, the Central Pollution Control Board called upon the petitioner to comply with the earlier directions so that the matter would be placed before the Three Member ‘Closure Revoking Committee’ for consideration of revocation of the closure order.
3. Smt. Anuradha, learned counsel for the petitioner submits that the petitioner has complied with all the directions given by the Central Pollution Control Board and communicated the same on 24.12.2018 and subsequent communications.
4. Sri L.Mahesh, learned counsel for the Central Pollution Control Board submits that the petitioner’s case shall be considered by the Closure Revoking Committee in accordance with law.
5. In the circumstances, we dispose of this writ petition with a direction to the Closure Revoking Committee to consider petitioner’s case in accordance with law and to pass appropriate orders. Till consideration of petitioner’s case, Central Pollution Control Board shall not take any coercive measures.
The petition is accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE Snb/ Sd/- JUDGE