Protective Coatings Private ... vs Environmental Officer
2021 Latest Caselaw 6120 Kant

                            -1-



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 14TH DAY OF DECEMBER, 2021

                         PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                           AND

THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

       WRIT PETITION NO.5392 OF 2020 (GM-POL)
BETWEEN:
PROTECTIVE COATINGS PRIVATE LIMITED
B-264, II STAGE, PEENYA INDUSTRIAL AREA
BENGALURU -560 058
REPRESENTED HEREIN BY ITS DIRECTOR
MR.M.DEVARAJAIAH
                                             ... PETITIONER
(BY SRI VARAHAGIRI VINAY GIRI, ADVOCATE)

AND:
1.     ENVIRONMENTAL OFFICER
       REGIONAL OFFICE - PEENYA
       KARNATAKA STATE POLLUTION CONTROL BOARD
       URBAN ECO PARK, 100 FEET ROAD
       3RD PHASE, PEENYA INDUSTRIAL AREA
       BENGALURU - 560 058
2.     KARNATAKA STATE POLLUTION CONTROL BOARD
       "PARISARA BHAVANA", NO.49, 4TH AND 5TH FLOORS
       CHURCH STREET, BANGALORE-560 001
       REPRESENTED HEREIN BY ITS CHAIRMAN
                                            ...RESPONDENTS

(BY MS KRISHIKA VAISHANAV, ADVOCATE FOR
    SRI A.MAHESH CHOWDHARY, ADVOCATE)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED DEMAND NOTICE DATED 30.01.2020 AT ANNEXURE-
B ISSUED BY THE R-1.
     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, SACHIN SHANKAR MAGADUM J. MADE THE
FOLLOWING:
                                      -2-



                                ORDER

This petition is filed challenging the impugned

demand notice dated 30.1.2020 as per Annexure-B issued

by respondent No.1 to pay Rs.25,00,000/- towards

environmental compensation.

2. Sri. A. Mahesh Chowdhary, learned counsel for

the respondents has placed before us the copy of the order

dated 24.11.2021 passed by this Court in W.P.6743/2021.

Placing reliance on this judgment, learned counsel

appearing for the respondents-Karnataka State Pollution

Control Board(KSPCB) submits that the demand notice

which is issued by the KSPCB is based on the orders passed

by National Green Tribunal, Principal Bench, New Delhi. It

is further stated by the counsel that the orders passed by

the National Green Tribunal on the basis of which the

present impugned notice issued is stayed by the Hon'ble

Apex Court in Civil Appeal Diary No.19271/2020. In view of

the subsequent development, he would submit that the

present matter may be disposed of. However, he further

submits that the present impugned notice issued by

respondent No.1 would be subject to the decision in the

Civil Appeal pending before the Hon'ble Apex Court.

3. Learned counsel for the petitioner has no

objection.

4. The writ petition is accordingly disposed of in

terms of the statement made by the learned counsel

appearing for the respondents-KSPCB.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

VM