IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.14808 OF 2018 (GM -RES) BETWEEN:
M/S YASHASWI FISH MEAL AND OIL COMPANY A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS NO.9, 9-184B, POST: PITHRODY, UDYAVARA UDUPI TALUK, UDUPI DISTRICT-574 118 REPRESENTED BY ITS MANAGING PARTNER SRI SADHU SALIAN ... PETITIONER (BY SRI. K.A. ARIGA, ADVOCATE) AND:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE MINISTRY OF FOREST ECOLOGY AND ENVIRONMENT, NEW DELHI-100 001.
2. THE KARNATAKA STATE COASTAL ZONE MANAGEMENT AUTHORITY (KSCZMA) HAVING ITS OFFICE AT MS BUILDING DR. AMBEDKAR VEEDHI, BANGALORE-1 REPRESENTED BY ITS MEMBER SECRETARY.
3. REGIONAL DIRECTOR (ENVIRONMENT) 1ST FLOOR, C BLOCK, RAJATADARI, MANIPAL, UDUPI DISTRICT-574 108.
4. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF ENVIRONMENT FOREST AND WILDLIFE, MS BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-1.
5. SRI.PUSHPARAJ AGED ABOUT 45 YEARS, S/O R P KOTIAN, ‘DHANRAJ’, PITRODHI, UDYAVARA VILLAGE, UDUPI – 574 110.
6. SRI.RATHNAKAR MENDON AGED ABOUT 55 YEARS, S/O U.SOMANATHA KOTYAN, PITORDHI, UDYAVARA VILLAGE, UDUPI – 574 118.
7. SRI.DIWAKAR BOLJE AGED ABOUT 42 YEARS, S/O VITTALA POOJARY, RESDING AT ‘ANCHAN NIVAS’, BOLJE, UDYAVARA VILLAGE, UDUPI – 574 118.
8. SRI.UDAYA KUNDER AGED 42 YEARS, S/O DEJU SUVARNA, PITORDHI, UDYAVARA VILLAGE, UDUPI – 574 118.
… RESPONDENTS (BY SRI K. RANJAN KUMAR, ADVOCATE FOR R1; SRI. M. VINOD KUMAR, AGA FOR R4;
SRI K.N. PRAVEEN KUMAR, ADVOCATE FOR R5 TO R8; R2 AND R3 ARE SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DIRECTION ISSUED BY THE 2ND RESPONDENT UNDER SECTION 5 OF THE ENVIRONMENT (PROTECTION) ACT, 1986 DATED 15.3.2018 AS PER ANNEXURE-A AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is filed by the petitioner seeking to quash the direction issued by the 2nd respondent under Section 5 of the Environment (Protection) Act, 1989 dated 15.03.2018 as per Annexure-A.
2. I have heard the learned counsel for the parties to the lis.
3. Sri.Vinod Kumar, learned Additional Government Advocate appearing for respondent No.4 submitted that as against the impugned order passed by the 2nd respondent, petitioner has got alternative remedy of appeal under Section 5A of the Environment (Protection) Act, 1986 to approach National Green Tribunal.
4. The said submission is placed on record.
5. Sri.K.A.Ariga, learned counsel for the petitioner has not disputed the said fact that the petitioner has got alternative remedy of appeal. The learned counsel submits that Division Bench of this Court in the case of M/s.Unity Fish Meal & Oil Company V/s Union of India and others in W.P.No.30725/2018 by order dated 22.07.2018 permitted the petitioner to prefer an appeal and interim relief granted was continued for a period of three months from the date of receipt of copy of that order.
6. The said submission is also placed on record.
7. In view of the above, writ petition is disposed off as not maintainable with liberty to the petitioner to avail alternative remedy of appeal as contemplated supra within a period of three months from the date of receipt of certified copy of this order.
Interim order granted earlier will enure to the benefit of the petitioner for a period of three months from today.
Since the main matter is disposed off, I.A.No.1/2019 filed by respondents No.5 to 8 is also disposed of, as it does not survive for consideration.
Sd/- JUDGE UN