IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR. H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.40442/2017 (GM-POL) BETWEEN:
VIJAYA ENCLAVE APARTMENT OWNERS ASSOCIATION HAVING ITS ADDRESS AT NC-1, NETHRAVATHI BLOCK MULKI SUNDAR RAM SHETTY NAGAR BANNERGHATTA ROAD REPRESENTED BY ITS SECRETARY MR. H.MAHABALA SHETTY ...PETITIONER (BY SRI SHIVAKUMAR, ADVOCATE) AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD (KSPCB) REPRESENTED BY ITS MEMBER SECRETARY “PARISARA BHAVAN”, #49, 4TH & 5TH FLOOR CHURCH STREET, BANGALORE – 560 001 2. BANGALORE WATER SUPPLY & SEWAGE BOARD (BWSSB) REPRESENTED BY ITS CHAIRMAN “CAUVERY BHAVAN”, 1ST FLOOR K.G.ROAD, BENGALURU – 560 009 3. CENTRAL POLLUTION CONTROL BOARD (CPCB) HAVING ITS ZONAL OFFICE AT 1ST & 2ND FLOORS, NISARGA BHAVAN A-BLOCK, THIMMAIAH MAIN ROAD 7TH D CROSS, SHIVANAGAR BENGALURU – 560 079 …RESPONDENTS (BY SRI GURURAJ JOSHI, ADVOCATE FOR R1; SRI KEMPANNA, ADVOCATE FOR R2;
SRI L.MAHESH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1 TO COMPLETELY WITHDRAW THE NOTIFICATION ISSUED TO THE PETITIONER (ANNEXURE-B) FOR NOT INSTALLING STP IN THEIR RESPECTIVE APARTMENT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Learned Counsel appearing for the petitioner, after arguing the matter for sometime, submits that the writ petition may be disposed of by directing respondent No.1 to consider the reply dated 14.08.2017 (Annexure-E) given by the petitioner.
2. Sri Gururaj Joshi, learned Counsel appearing for respondent No.1 submits that the reply will be considered by respondent No.1, in accordance with law. His submission is placed on record.
3. Respondent No.1 shall not take any action against the petitioner till it considers the aforesaid reply. The writ petition is accordingly disposed of.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE KSR