IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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.53576 OF 2017 (GM-POL-PIL) BETWEEN:
1. RAGHAVENDRA E.N. S/O.LATE NAGAIAH SHETTY AGED ABOUT 39 YEARS R/AT NO.32, 5TH CROSS SUDHAMA NAGARA BENGALURU-560 027 2. NAGARAJA M.B.
S/O.LATE M.BALARAMAIAH AGED ABOUT 43 YEARS R/AT NO.8, 21ST CROSS KAGGADASAPURA C.V.RAMAN NAGAR POST BENGALURU-560 093 ... PETITIONERS (BY MISS.RAKSHA KEERTHANA K. FOR SHRI KEMPARAJU, ADVOCATES) AND:
1. THE COMMISSIONER TRANSPORT DEPARTMENT TTMC BUILDING, 1ST FLOOR SHANTHINAGARA BENGALURU-560 027 2. KARNATAKA STATE POLLUTION CONTROL BOARD REP. BY ITS SECRETARY PARISARA BHAVANA 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU-560 001 3. ASST. COMMISSIONER OF POLICE F & M CCB, N.T.PET BENGALURU-560 002 4. STATE OF KARNATAKA amended v/c/o dtd.3.6.19 REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT VIDHANA SOUDHA BENGALURU-560 001 5. MOBILE SERVICE STATION AND EMISSION TESTING CENTRE IBP DEALERS, KANAKAPURA ROAD BENGALURU-560 062 6. MAHALAKSHMI SERVICE STATION AND ETC, IBP DEALERS 3RD BLOCK, JAYANAGAR BENGALURU-560 041 7. RB SERVICE STATION AND EMISSION TESTING CENTRE KORAMANGALA, IBP DEALERS BENGALURU-560 034 8. GURUKRUPA SERVICE STATION AND ETC, IBP DEALERS BTM LAYOUT, NEAR SILK BOARD BENGALURU-560 076 9. D.M. & SONS & ETC, BPCL DEALERS JEEVANBHIMANAGARA BENGALURU-560 075 10. VENKATESHWARA SERVICE STATION & ETC, IBP DEALERS JEEVANBHIAMANGARA BENGALURU-560 075 11. SANGAM SERVICE STATION & ETC BPCL DEALDERS SADASHIVANAGARA BENGALURU-560 003 12. VIGNESH SERVICE STATION & ETC BPCL DEALERS SANJAYNAGAR BENGALURU-560 094 13. SEAGUL SERVICE STATION & ETC IOCL DEALERS, OUTER RING ROAD OPP. TO LUMBINI GARDEN BENGALURU-560 045 14. SANTHOSH SERVICE STATION AND ETC, HPCL DEALERS BEL CIRCLE M.S.RAMAIAH ROAD BENGALURU-560 054 15. VASANTHA SERVICE STATION AND ETC, INDIAN OIL DEALERS BANASWADI BENGALURU-560 043 16. SHANKAR AND SONS & ETC BPCL DEALERS JEEVANBHIMANAGARA BENGALURU-560 075 17. OM SAIRAM SERVICE STATION AND ETC, BPCL DEALERS THYAGARAJANAGAR BENGALURU-560 028 18. K.N.GURUSWAMY & ETC J.C.ROAD, BPCL DEALERS BENGALURU-560 002 19. COLES ROAD SERVICE STATION AND ETC, HPCL DEALERS COLES PARK, SHIVAJINAGAR BENGALURU-560 005 20. HIGHWAY AUTONEEDS & ETC HPCL DEALERS, YELAHANKA NEAR JAKKUR AERODROME BENGALURU-560 064 21. CITY SERVICE STATION & ETC HPCL DEALERS, J.P.NAGAR BENGALURU-560 078 22. MATHRUSHREE SERVICE STATION & ETC, PEENYA 2ND STAGE IOCL DEALERS BENGALURU-560 043 23. ABHIMANI SERVICE STATION & ETC PEENYA 2ND STAGE, IOCL DEALERS BENGALURU-560 058 24. DEVRAJ ENTERPRISES & ETC IOCL DEALERS BELLANDUR GATE BENGALURU-560 027 25. DALALS QUICK SERVICE STATION & ETC, BPCL DEALERS K.H.ROAD BENGALURU-560 027 ... RESPONDENTS (BY SHRI T.L.KIRAN KUMAR, AGA FOR R1 & R3; SHRI D.NAGARJ, ADVOCATE FOR R2;
SHRI B.K.NAREDNRA BABU, ADVOCATE FOR R5, R10, R13, R14, R16 & R17;
SHRI R.S.UMESH, ADVOCATE FOR R11;
SHRI KAMALADHAR, ADVOCATE FOR R18 TO R20; SHRI B.K.SRIDHAR, ADVCOATE FOR R21;
SHRI B.KESHAVA MURTHY, ADVOCATE FOR R23; R8, R9, R15, R24 & R25 ARE SERVED) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR A DIRECTION TO PREVENT ILLEGAL ACTS OF THE EMISSION TEST CENTRES AND TO TAKE LEGAL ACTION AGAINST THEM AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate appearing for the first and third respondents.
2. The issue raised in this writ petition in the nature of a public interest litigation is about the way in which emission test centres have been functioning mainly in the city of Bengaluru. Various allegations have been made in the petition regarding illegalities allegedly committed by such emission centres.
3. In terms of the directions issued by this Court, on 5th July 2019, the State Government filed a status report regarding the steps taken in respect of 21 emission testing centres in the city of Bengaluru. It is stated in the chart produced along with the memo that the cases were registered by the Police department against 9 emission centres, out of which 7 were disposed of and 6 emission centres were cancelled by the Transport department. Today, an affidavit is filed by Sri Shivaraj B. Patil, Additional Commissioner for Transport (Environment and E-Governance). In paragraph-3 thereof, it is stated that in the year 2017-18, there were 894 testing centres functioning across the State including 395 testing centres established in the city of Bengaluru. Out of them, 650 centres were checked online during the year 2017-18 and action was taken against those who are indulging in the contraventions. During the year 2019-20, 244 centres have been checked online and for the contraventions, an action has been taken. It is further stated that at present, there are 1020 emission testing centres functioning in the State which are fully computerized and they are functioning properly.
4. In view of the status report and the affidavit, as of today, no directions are required to be issued in this writ petition. However, we must note here that the emission testing centres perform a very important role in curbing the air pollution created by the vehicles and therefore, the State Government will have to ensure that these emission centres do not indulge in any illegalities or irregularities.
Subject to what is observed above, the petition is disposed of.
The pending applications if any also stand disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB