IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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 REVIEW PETITION NO.136 OF 2017 & REVIEW PETITION NOS.196-198 OF 2017 BETWEEN:
1. SRI ANSHUL KUMAR GUPTA AGED 36 YEARS, S/O SRI. LAXMI NARAIN GUPTA, APT. NO.22151, PRESTIGE SHANTHINIKETHAN, WHITEFIELD ROAD, HOODI, BANGALORE-560 048.
2. SMT. MALA JHA AGED ABOUT 36 YEARS, W/O MR. VIVEK JHA APT. NO.22132, PRESTIGE SHANTHINIKETHAN, WHITEFIELD ROAD, HOODI, BANGALORE-560 048.
3. SRI. ASHWIN UTHAPPA CHIRIAPANDA AGED ABOUT 41 YEARS, S/O LATE SRI.C.H. UTHAPPA APT. NO.22162, PRESTIGE SHANTHINIKETHAN, WHITEFIELD ROAD, HOODI, BANGALORE-560 048.
4. SRI. AVINASH KUMAR AGED ABOUT 41 YEARS, S/O SRI. R.A.SHARMA APT. NO.22131, PRESTIGE SHANTHINIKETHAN, WHITEFIELD ROAD, HOODI, BANGALORE-560 048. ... PETITIONERS (BY SHRI. STANLEY SAM, ADV.) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF ENVIRONMENT AND ECOLOGY, ROOM NO.708, GATE 2, MULTI STORIED BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY.
2. CENTRAL POLLUTION CONTROL BOARD 1ST AND 2ND FLOOR, NISARGA BHAVAN, A BLOCK, THIMMAIAH MAIN ROAD, 7TH CROSS, SHIVNAGAR, OPP TO PUSHPANJALI THEATRE, RAJAJI NAGAR, BANGALORE 560 010, REPRESENTED BY ITS SECRETARY.
3. KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVANA, 1ST TO 5TH FLOOR, 49, CHURCH STREET, BANGALORE-560 001, REPRESENTED BY ITS CHAIRMAN AND MEMBER SECRETARY.
4. KARNATAKA STATE POLLUTION CONTROL BOARD, BANGALORE EAST ZONAL OFFICE, NISARGA BHAVANA, THIMMAIAH ROAD, 7TH D CROSS, SHIVANAGARA, BANGALORE-560 079, REPRESENTED BY SENIOR ENVIRONMENT OFFICER AND REGIONAL OFFICER.
5. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, HUDSON CIRCLE, J.C.ROAD, BANGALORE-560 002.
6. M/s. PRESTIGE ESTATES PROJECTS PVT. LTD., (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956) AND HAVING ITS REGISTERED OFFICE AT: ‘THE FALCON HOUSE’, No.1, MAIN GUARDE CROSS ROAD, BANGALORE-560 001, REPRESENTED BY ITS MANAING DIRECTOR AND CHIEF EXECUTIVE OFFICER. ... RESPONDENTS (BY SHRI VASANTH V. FERNANDES, HCGP FOR R-1 SHRI L. MAHESH, ADV. FOR R-2 SHRI GURURAJ JOSHI, ADV. FOR R-3 AND R-4 SHRI GURUDEV GACHCHINAMATH, ADV. FOR SHRI I.G. GACHCHINAMATH, ADV. FOR R-5 SHRI GANAPATHY HEGDE, ADV. FOR R-6) THESE REVIEW PETITIONS ARE FILED UNDER ORDER XLVII RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 02.02.2017 PASSED IN W.P. No.1643/2016 (GM-POL) AND W.P. Nos.5334-5336/2016(GM-POL), BY THIS COURT.
THESE REVIEW PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, P.S. DINESH KUMAR, J, MADE THE FOLLOWING:
ORDER Heard learned Advocates appearing for the parties.
2. Review petitioners are aggrieved by the order dated 2.2.2017 passed by this Court in W.P. No.1643/2016 and W.P.Nos.5334-5336/2016 accepting the report submitted on behalf of the Pollution Control Board. By placing reliance on the report in respect of samples collected between 28.2.2017 and 1.3.2017, learned advocate for the petitioners submitted that the noise pollution level is higher than the permissible level.
3. Admittedly, the samples upon which review petitioner has placed reliance are collected after the date of disposal of the writ petitions by this Court. In the circumstances, we find no ground to review order dated 2.2.2017. However, the petitioners are at liberty to take action on the new report in accordance with law, if they are so advised.
Review petitions are accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Cs/-
Ct-RG.