IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH 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.9661/2017 C/W WRIT PETITION NOS.6653/2017 AND 6728/2017 (GM-POL) IN W.P.NO.9661/2017 BETWEEN:
M/S RAMKY ENERGY & ENVIRONMENT LTD. A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956 HAVING ITS OFFICE AT PLOT NO. 47/B, KARNAD INDUSTRIAL AREA KIADB MULKY, MANGALURU DAKSHINA KANNADA - 574 154 REPRESENTED HEREIN BY ITS AUTHORISED REPRESENTATIVE MR. T.K.SHRIDHAR ... PETITIONER (BY SMT.SANJANA RAO, ADVOCATE FOR SRI M.V.SUNDARARAMAN, ADVOCATE) AND:
KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, NO. 49, CHURCH STREET, BENGALURU - 560 001.
REPRESENTED BY HEREIN BY ITS CHAIRMAN.
... RESPONDENT (BY SRI GURURAJ JOSHI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 07.02.2017 VIDE ANNEXURE-A BY ISSUING AN APPROPRIATE WRIT FOR THE NOTIFICATION BEING ARBITRARY, UNCONSTITUTIONAL AND ULTRA VIRES THE PROVISIONS THE BIO MEDICAL WASTE MANAGEMENT RULES AND THE CONSTITUTION OF INDIA AND ETC.
IN W.P.NO.6653/2017 BETWEEN:
M/S MARIDI ECO INDUSTRIES NO.71, 2ND FLOOR, C.M.PLAZA, 1ST MAIN ROAD, 8TH CROSS, S. R. NAGAR, BANGALORE-560 027 REPRESENTED BY ITS VICE PRESIDENT - OPERATIONS SRI SRINATH M.A.
(BY SRI MUNIYAPPA, ADVOCATE) ... PETITIONER AND:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE PARAYAVARAN BHAVAN NEW DELHI 2. STATE OF KARNATAKA DEPARTMENT OF ENVIRONMENT, FORESTS & ECOLOGY ROOM NO.709, 7TH FLOOR, GATE NO.4 M.S. BUILDING BANGALORE - 560 001 BY ITS SECRETARY 3. KARNATAKA STATE POLLUTION CONTROL BOARD ”PARISARA BHAVAN”
1ST TO 5TH FLOORS NO.49, CHURCH STREET BANGALORE – 560 001 BY ITS MEMBER SECRETARY ... RESPONDENTS (SRI TIMMANNA BHAT, CGC FOR RESPONDENT NO.1 SRI T.L. KIRAN KUMAR, AGA FOR RESPONDENT NO.2 SRI GURURAJ JOSHI, ADVOCATE FOR RESPONDENT NO.3) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 07.02.2017 PASSED BY THE RESPONDENT NO.3 [PRODUCED AT ANNEXURE-A] AND ETC.
IN W.P.NO.6728/2017 BETWEEN:
MEDICARE ENVIRONMENTAL MANAGEMENT PVT. LTD., (FORMERLY SEMBRAMKY ENVIRONMENTAL PVT. LTD.) RAMKY HOUSE SITE NO.25-30, 2ND CROSS KALYAN NAGAR BENGALURU - 560 043 REPRESENTED BY ITS SENIOR GENERAL MANAGER AND PROJECT HEAD SRI AMIT CHAUDHARY ... PETITIONER (BY SRI ASHOK HARANALLI, SENIOR ADVOCATE FOR SRI SUBRAMANYA R, ADVOCATE) AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU-560 001 REPRESENTED BY ITS MEMBER SECRETARY 2. KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU-560 001 REPRESENTED BY ITS CHAIRMAN 3. CENTRAL POLLUTION CONTROL BOARD PARIVESH BHAWAN EAST ARJUN NAGAR NEW DELHI-110 032 REPRESENTED BY ITS MEMBER SECRETARY 4. UNION OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JORBAGH ROAD ALLIGANJ, NEW DELHI-110 003 REPRESENTED BY ITS SECRETARY ... RESPONDENTS (SRI GURURAJ JOSHI, ADVOCATE FOR R1 & R2, SMT. K.S. GIRIJAMMA ADVOCATE FOR R3 & SRI S. ISMAIL ZABI, CGC FOR R4) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION ISSUED BY THE RESPONDENT NO.1 KARNATAKA STATE POLLUTION CONTROL BOARD DATED 7.2.2017 [PRODUCED AS ANNEXURE-A] & ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. The challenge in all these writ petitions is the policy decision taken by the Karnataka State Pollution Control Board to restrict the area of operation of the petitioners by notification No.PCB/WMC/BMW/2017/6365 dated 07.02.2017 (Annexure-A).
3. Shri Gururaj Joshi, learned advocate for the Pollution Control Board submits that authoritisation in Form-III have been issued to all the petitioners on various dates permitting the petitioners to carry on their business anywhere in the State. Hence, these petitions have become infructuous.
4. Shri Ashok Haranahalli, learned Senior Advocate submits that though the petitioners are satisfied with issuance of authoritsation, it may be clarified that the respondent shall not give effect to notification dated 07.02.2017 insofar as imposing any penalty.
5. Shri Gururaj Joshi, learned advocate, in his usual fairness, submits that once the authorization is issued, effect of notification dated 07.02.2017 is nullified.
6. The submission of Shri Gururaj Joshi, learned advocate, is placed on record. Resultantly, all these petitions are dismissed as having become infructuous.
7. In view of disposal of these writ petitions, all impleading applications are dismissed as unnecessary.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB