IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NOS.43995-44005 OF 2018 C/W WRIT PETITION NOS.43293-43303 OF 2018 (GM-POL) IN W.P. NOS.43995-44005 OF 2018 BETWEEN:
1. SRI SANJAY AGARWAL S/O. SRI B.P.AGARWAL AGED ABOUT 46 YEARS R/O. C-13, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 2. SRI V. PRADEEP S/O. N.M. VENKATESH REDDY AGED ABOUT 40 YEARS R/O. C-34, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 3. SRI PRATHAP V S/O. N M VENKAESH REDDY AGED ABOUT 40 YEARS R/O. C-34, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 4. SRI V. PRASHANTH S/O. N.M. VENKAESH REDDY AGED ABOUT 40 YEARS R/O. C-34, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 5. SRI. ANKUR GUPTHA S/O. SURENDRA KUMAR GUPTHA AGED ABOUT 37 YEARS R/O. B-25, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 6. C. SHARADA W/O. SRI. KAMESHWARA RAO C.H. AGED ABOUT 46 YEARS R/O. C-48, ZONASH PARADISO DODDANAKKUNDI EXTN. ALPINE ECO ROAD KARTHIK NAGAR BENGALURU-560037 7. SMT. SUDHA N V W/O. SRI. PHANI BHUSHAN ATHLUR AGED ABOUT 42 YEARS R/O. C-11, ZONASH PARADISO DODDANAKKUNDI EXTN OUTER RING ROAD ITPL ROAD, KARATHIK NAGAR BENGALURU-560037 8. MR. KIRAN NAGARAJ S/O. SRI. N.S. NAGARAJ AGED ABOUT 31 YEARS NO. 942,1ST MAIN ROAD PRAGATHI LAYOUT DODDANAKKUNDI BENGLAURU-560037 9. SUDEESH M.S.
S/O. SUBRAMANIAN M.A. AGED ABOUT 46 YEARS 10, FERNS PARADISE 4TH STREET, OPP. TOTAL MALL DODANAKKUNDI BENGLAURU-560037 10. SMT. SHREEJA W/O. HARINARAYAN AGED ABOUT 46 YEARS NO. 43, DODDANAKKUNDI BENGLAURU-560037 11. SHANKAR JAYARAMAN S/O. R. JAYARAMAN AGED ABOUT 45 YEARS NO. 16, FERNS PARADISE 3RD PHASE, DODDANAKKUNDI MARATHAHALLI OUTER RING ROAD MARATHAHALLI BENGLAURU-560037 (BY SRI SHIVANANDA S., ADVOCATE) AND:
1. CHIEF SECRETARY KARNATAKA STATE GOVERNMENT VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560001 ... PETITIONERS 2. M/S. IJM CONCRETE PRODUCTS PVT. LTD PLOT NO. 38/B, 38/B-1 DODDANAKKUNDI INDUSTRIAL AREA 1ST PHASE MAHADEVAPURA POST WHITE FILED, BENGALURU-560048 BY ITS MANAGER SRI JAYESH KRISHNAN 3. THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD ”PARISARA BHAVANA” 1ST TO 5TH FLOORS 49, CHURCH STREET BENGALURU-560001 ... RESPONDENTS (SRI T.L. KIRAN KUMAR, AGA FOR RESPONDENT NO.1 SRI A.V. AMARNATHAN, ADVOCATE FOR RESPONDENT NO.2 SRI P. CHIDANANDA, ADVOCATE FOR RESPONDENT NO.3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INTERIM ORDER PASSED BY THE HON'BLE KARNATAKA STATE APPELLATE AUTHORITY, AUTHORITY AT BENGALURU UNDER WATER & AIR (PREVENTION CONTROL OF POLLUTION) ACT, 1974 & 1981 IN APPEAL NO.03 OF 2018 DATED 31.01.2018, AS CONTAINED IN ANNEXURE-A AND ETC.
IN W.P.NOS.43293-43303 OF 2018 BETWEEN:
1. SRI SANJAY AGARWAL S/O. SRI B.P. AGARWAL AGED ABOUT 46 YEARS R/O. C-13, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 2. SRI V. PRADEEP S/O. N.M. VENKAESH REDDY AGED ABOUT 40 YEARS R/O. C-34, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 3. SRI PRATHAP V S/O. N M VENKAESH REDDY AGED ABOUT 40 YEARS R/O. C-34, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 4. SRI V. PRASHANTH S/O. N.M. VENKAESH REDDY AGED ABOUT 40 YEARS R/O. C-34, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 5. SRI. ANKUR GUPTHA S/O. SURENDRA KUMAR GUPTHA AGED ABOUT 37 YEARS R/O. B-25, ZONASH PARADISO DODDANAKKUNDI KARATHIK NAGAR BENGALURU-560048 6. C. SHARADA W/O. SRI. KAMESHWARA RAO C.H. AGED ABOUT 46 YEARS R/O. C-48, ZONASH PARADISO DODDANAKKUNDI EXTN ALPINE ECO ROAD KARTHIK NAGAR BENGALURU-560037 7. SMT. SUDHA N V W/O. SRI. PHANI BHUSHAN ATHLUR AGED ABOUT 42 YEARS R/O. C-11, ZONASH PARADISO DODDANAKKUNDI EXTN OUTER RING ROAD ITPL ROAD, KARATHIK NAGAR BENGALURU-560037 8. MR. KIRAN NAGARAJ S/O. SRI. N.S. NAGARAJ AGED ABOUT 31 YEARS NO. 942,1ST MAIN ROAD PRAGATHI LAYOUT DODDANAKKUNDI BENGLAURU-560037 9. SUDEESH M.S.
S/O. SUBRAMANIAN M.A. AGED ABOUT 46 YEARS 10, FERNS PARADISE 4TH STREET, OPP. TOTAL MALL DODANAKKUNDI BENGLAURU-560037 10. SMT. SHREEJA W/O. HARINARAYAN AGED ABOUT 46 YEARS NO. 43, DODDANAKKUNDI BENGLAURU-560037 11. SHANKAR JAYARAMAN S/O. R. JAYARAMAN AGED ABOUT 45 YEARS NO. 16, FERNS PARADISE 3RD PHASE, DODDANAKKUNDI MARATHAHALLI OUTER RING ROAD MARATHAHALLI BENGLAURU-560037 (BY SHRI SHIVANANDA S., ADVOCATE) AND:
1. CHIEF SECRETARY KARNATAKA STATE GOVERNMENT VIDHANA SOUDHA DR.AMBEDKAR VEEDI BANGALORE-560 001 2. M/S. RDC CONCRETE INDIA LIMITED A LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT PLOT NO.37/B DODDANAKKUNDI INDUSTRIAL AREA 1ST PHASE, BENGALURU-560 048 REPT. BY ITS MANAGING DIRECTOR 3. THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA 1ST TO 5TH FLOORS 49, CHURCH STREET BENGALURU-560 001 ... PETITIONERS ... RESPONDENTS (SRI T.L. KIRAN KUMAR, AGA FOR RESPONDENT NO.1 SRI M.N. UMESH, ADVOCATE FOR RESPONDENT NO.2 SRI P. CHIDANANDA, ADVOCATE FOR RESPONDENT NO.3) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INTERIM ORDER PASSED BY THE HON'BLE KARNATAKA STATE (PREVENTION CONTROL OF POLLUTION) ACTS 1974 & 1981 APPELLATE AUTHORITY AT BENGALURU UNDER WATER & AIR IN APPEAL NO.01 OF 2018 DATED 29.1.2018, AS CONTAINED IN ANNEXURE-A AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The challenge in these petitions is to the interim order passed by the Karnataka State Appellate Authority under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act 1981 (hereinafter referred as ‘the said Acts of 1974 and 1981’).
2. In these petitions, there is an interim order which directs that the second respondent shall operate their industries from 6.00 a.m. to 6.00 p.m. In the normal course, the petitions could have been disposed of by directing the Appellate Authority to dispose of the appeals. However, it is pointed out that the post of the Chairperson of the Appellate Authority is vacant.
3. Today, the learned Additional Government Advocate has tendered a memo annexing thereto a letter dated 24th July 2019 issued by the Under Secretary to the Government (Ecology and Environment), Forest, Ecology and Environment Department to the learned Government Advocate stating that three names have been recommended for the post of Chairman and the matter of appointing the Chairman is under active consideration of the Government.
4. The Appellate Authority constituted under the said Acts of 1974 and 1981 performs an important role. Therefore, the State Government cannot take unreasonably long time to make an appointment to the post of Chairperson thereby frustrating the very object of establishing the Appellate Authority. Therefore, the appointment will have to be made within a time bound schedule.
5. As we are directing the State Government to appoint the Chairperson within the time fixed by this Court, the appeals pending before the Appellate Authority can be ordered to be disposed of expeditiously while continuing the ad-interim relief granted by this Court.
6. As far as W.P.Nos.43995-44005/2018 are concerned, it is not in dispute that the second respondent company, namely, M/s. IJM Concrete Products Private Limited has shifted its activities to some other place.
7. Accordingly, we dispose of the petitions by the following order:
(i) We direct the State Government to make appointment of the Chairperson of the Appellate Authority as expeditiously as possible and in any event on or before 20th September 2019;
(ii) The State shall file a status report for reporting compliance on or before 24th September 2019;
(iii) The pending appeals before the Appellate Authority being Appeal Nos.1 and 3 of 2018 shall be disposed of as expeditiously as possible. However, till the disposal of the appeals, the interim order passed by this Court directing that the second respondent in W.P.Nos.43293- 43303/2018 shall continue to operate till the disposal of the appeals;
(iv) As the second respondent in W.P.Nos.43995- 44005/2018 has shifted its activities to some other place, it is not necessary to continue the interim order against the said respondent. However, if during the pendency of the appeals before the Appellate Authority, the second respondent in the said writ petitions resumes its activities at the original place, the said interim order will continue to govern the second respondent till the disposal of the appeals;
(v) We make it clear that we have made no adjudication on the merits of the controversy in the pending appeals and all questions are left open to be decided by the Appellate Authority.
The pending interlocutory applications do not survive for consideration and stand disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB