IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.19024/2019 (LB-BMP) BETWEEN:
Tejaswini Nagar Phase 2 Residents Welfare Association, Having its office at No.36& 37, Tejaswini Nagar, Phase 2, Doddakammanahalli Road, Besides Vibgyor High School, Off Bannerghatta Road, Bengaluru – 560076.
Represented by General Secretary Mr.Chandragupta Borkotoky.
…Petitioner (By Sri.Shrishaila.D, Advocate) AND:
1. Karnataka Pollution Control Board, Parisara Bhavan, No-49, 4th to 5th Floor, Church Street, Bengaluru – 560001.
By its Chairman.
2. The Health Officer, BBMP office, Bommanhalli, Bengaluru – 02.
3. The Joint Commissioner, Bruhat Bangalore Mahanagara Palike, Office of BBMP, Bommanahalli, Bengaluru – 02.
4. The Mayor, Bruhat Bangalore Mahanagara Palike, Bengaluru – 02.
5 The Commissioner, Bruhat Bangalore Mahanagara Palike, Corporation Building, NR Square, Bengaluru – 560002.
6. M/s Arya Concrete Blocks Factory, No.26/2, LBT Factory, Nobel Residency Road, Dodda Kammanahalli, Bengaluru – 560076.
By its Proprietor Sri.Chandrashekar.
...Respondents (By Sri.P.Chidananda, Advocate for R1 Sri.Arvind.M.Neglur, Advocate for R2 to R5 Sri.K.Vijay Kumar, Advocate for R6) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-1 to close down the sixth respondent’s factory as per Section 5 of the Environment (Protection) Act, 1986.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
O R D E R The petitioner’s association which is stated to be a registered body of residents have filed the present petition seeking for issuance of direction in the nature of Writ of Mandamus to direct the respondent No.1 to close down the sixth respondent’s factory as per Section 5 of the Environment (Protection) Act,1986. Further direction is sought as regards respondent Nos.2 to 5 to close down the sixth respondent’s factory.
2. It is the contention of the petitioner that sixth respondent has been running a concrete block manufacturing factory and there has been noise pollution by the activity of the respondent No.6.
3. The respondent – BBMP has filed their statement of objections stating that necessary steps have been taken consequent to the complaint by the petitioner’s association and that on inspection, it was found that there was no license to run the factory and accordingly, the premises of the sixth respondent has been sealed in the presence of the local witnesses and a mahazar has been drawn. The copy of the communication in that regard is enclosed at Annexure-
R1. The photographs are also produced evidencing sealing of premises.
4. In light of the same, no further orders are called for at present. Contentions of the parties are kept open.
Accordingly, petition is disposed off as requiring no further adjudication as the grievance of the petitioner has been substantially addressed.
Sd/- JUDGE NS