M/S Garden City Fashions Pvt Ltd vs State Of Karnataka
2022 Latest Caselaw 2684 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 17TH DAY OF FEBRUARY, 2022

                      PRESENT

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

                        AND

   THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ

   WRIT PETITION NO.15543 OF 2021 (GM-POL)

BETWEEN:

M/S GARDEN CITY FASHIONS PVT LTD
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
NO.84, INDUSTRIAL SUBURB
YESHWANTHPUR
BENGALURU-560022
REPRESENTED BY ITS EXECUTIVE DIRECTOR
MR RAOUL CHITTIAPPA
                                        ... PETITIONER

(BY SRI DATTA PRASAD G, ADVOCATE FOR
    SRI MANMOHAN P.N, ADVOCATE)


AND:


1. STATE OF KARNATAKA
   DEPARTMENT OF ECOLOGY AND ENVIRONMENT,
   VIDHANA SOUDHA
   BENGALURU-560001
   REPRESENTED BY ITS SECRETARY

2. KARNATAKA STATE POLLUTION CONTROL BOARD
   PARISARA BHAVAN, NO.49,
   4TH AND 5TH FLOOR, CHURCH STREET,
   BANGALORE-560001
   REPRESENTED BY ITS CHAIRMAN

3. ENVIRONMENTAL OFFICER
   REGIONAL OFFICE- PEENYA
   KARNATAKA STATE POLLUTION CONTROL BOARD,
                             -2-


   URBAN ECO PARK, 100 FEET ROAD,
   3RD PHASE, PEENYA INDUSTRIAL AREA
   BENGALURU-560058

4. CENTRAL POLLUTION CONTROL BOARD
   NISARGA BHAVAN, THIMMAIAH ROAD,
   7TH D MAIN ROAD, SHIVANAGAR,
   BENGALURU-560079
                                           ... RESPONDENTS

(BY SRI S.RAJASHEKAR, AGA FOR R1;
    SRI MAHESH CHOWDHARY, ADVOCATE FOR R2 AND R3;
    SRI KIRAN B.S, ADVOCATE FOR R4)
                           ---


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
DEMAND NOTICE DATED 31.01.2020 ISSUED BY R3 PRODUCED
AS ANNEXURE-R AND ETC.,


      THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, SURAJ GOVINDARAJ J. MADE THE FOLLOWING:


                          ORDER

The petitioner is before this Court seeking for the

following reliefs:

"a) Issue a Writ of Certiorari and quash the demand notice dated 31.01.2020 bearing No.KSPCB/RO-PEENYA/CEPI/Env.Compensation/ 2019-20/1154 issued by respondent No.3 (produced as Annexure-'R') and

b) Issue a Writ declaring that the order dated 10.07.2019 passed by the National Green Tribunal, Principal Bench, New Delhi passed in O.A.1038/2018 (produced as Annexure-'S') is not binding on the petitioner,

c) Pass such other and further orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity.

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

the respondents has placed before us a 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 the 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 has been 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

may 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. The impugned

demand notice shall be kept in abeyance pending decision

of the Hon'ble Apex Court.

5. The pending interlocutory application stands

disposed.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

VM