IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 47784/2019 (GM-POL) BETWEEN M/S. S B TRADERS PLOT NO. 1302/B 100 FEET ROAD, AUTO NAGAR KIADB INDUSTRIAL AREA (KANBARGI INDUSTRIAL AREA) BELAGAVI - 590 015 REP BY ITS PROPRIETOR MR. NAYEEM YAQUB CHOWDHRY ... PETITIONER (BY SRI SHAHUL HAMEED REHEMAN, ADVOCATE) AND 1.THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001 2.THE KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVAN NO.49, CHURCH STREET BANGALORE - 560 001 REP BY ITS MEMBER SECRETARY 3.THE SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, BELAGAVI DIVISION AUTO NAGAR, BELAGAVI - 590 015 4.THE DEPUTY COMMISSIONER BELAGAVI, COURT COMPOUND BELAGAVI - 590 001 5.THE EXECUTIVE ENGINEER HESCOM, CSD-2 NEAR RAILWAY STATION BELAGAVI - 590 010 ... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP FOR R-1 & 4;
SRI JEEVAN J NEERALGI, ADVOCATE FOR R-2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE CLOSURE ORDER DATED 21.05.2018 U/S 33(A) OF THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 AND RULE 34 OF THE KARNATAKA BOARD FOR THE PREVENTION AND CONTROL OF WATER POLLUTION (PROCEDURE FOR TRANSACTION OF BUSINESS) RULES, 1976 AND U/S 31(A) OF THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 AND RULE 20(A) OF THE KARNATAKA AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1983 AS PER ANNEXURE-J ISSUED BY RESPONDENT NO.2 I.E., THE KARNATAKA STATE POLLUTION CONTROL BOARD AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER In the normal course, this Court would have relegated the petitioner to the remedy of appeal under clause (c) of Section 33B of the Water (Prevention and Control of Pollution) Act, 1974 (for short ‘the said Act of 1974’). However, the learned counsel appearing for the petitioner, on instructions, states that the petitioner is confining the prayer in the petition only to one direction regarding disposal of the representation dated 23rd September 2019 (Annexure-L). His contention is that in similar matters, the direction issued under Section 33A of the said Act of 1974 has been modified by the Karnataka State Pollution Control Board.
2. In view of the limited prayer, we dispose of the petition by passing the following order:
(i) The second respondent is directed to decide the representation dated 23rd September 2019 (Annexure-L) in accordance with law;
(ii) The representation shall be decided and the orders passed thereon shall be communicated to the petitioner as expeditiously as possible and in any event, within a period of four weeks from today;
(iii) All contentions on merits are kept open.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv