IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH 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.20113 OF 2015 (GM-POL) BETWEEN:
NAGARAJ ARJUNSA MERWADE AGED 39 YEARS OCC: BUSINESS R/O HOSPET CHECK, VIDYARANYA ROAD BETGERI- GADAG GADAG TALUK & DISTRICT.
... PETITIONER (BY SRI SANTOSH RAJ C. DESHMUKH, ADVOCATE FOR SRI V.M. SHEELAVANT, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M.S. BUILDING BANGALORE – 560 001.
2. REGIONAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD BANKERS COLONY, OPP: HUDCO I CROSS, MULGUND ROAD GADAG – 582 103.
3. LAXMANSA SOMANATHSA RAIBAGI AGED 69 YEARS, OCC: TAILOR R/O HOSPPETE CHECK VIDYARANYA ROAD BETAGERI – 582 103.
4. SMT. SHATAVVA VIRUPAXAPPA GOTURU AGED MAJOR OCC: HOUSEHOLD WORK R/O HOSPPETE CHECK VIDYARANYA ROAD BETAGERI – 582 103.
... RESPONDENTS (BY SRI T.L. KIRAN KUMAR, AGA FOR R1 SRI JEEVAN J. NEERALGI, ADVOCATE FOR R2 R4 - SERVED) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/SHOW CAUSE NOTICE DATED 29.04.2015 ISSUED BY R-2 VIDE ANNEXURE-K AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER The Karnataka State Pollution Control Board (for short ‘the Board’) has issued a notice dated 29.04.2015 directing the petitioner to show cause as to why action should not be taken against him for operating the Power Loom Unit without obtaining prior consent of the Board as per the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and without adopting proper noise pollution control measures.
2. The petition was filed in the year 2015 and this Court has granted interim order on 14.05.2015.
3. Today, the matter is posted for orders for taking substituted service to the legal representatives of deceased respondent No.3. Learned counsel for the petitioner seeks time to take steps.
4. Since the petition is pending for the last 4 years, after perusing the records, we have taken up the matter for final disposal. By the notice, the petitioner was directed to show cause within 7 days as to why action should not be taken against him. Petitioner has challenged the said show cause notice in this writ petition.
5. After hearing the learned counsel for the parties, we are of the considered view that instead of keeping the matter pending, the petition could be disposed of directing the petitioner to file his detailed reply to the show cause notice within a period of one week from today. If such a reply is filed, the respondents shall consider the same and pass appropriate orders within a period of two weeks thereafter.
Till then, the interim order granted on 14.05.2015 shall continue.
With the above observations, the petition stands disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca