Karnataka High Court
M/S Karnataka Chemical Industries vs State Of Karnataka on 11 November, 2024
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WP No. 9008 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 9008 OF 2024 (GM-POL)
BETWEEN:
1. M/S KARNATAKA CHEMICAL INDUSTRIES
50 B2, BOMMASANDRA INDUSTRIAL AREA
BOMMASANDRA VILLAGE
BENGALURU RURAL-560099
REPRESENTED BY ITS PROPRIETOR
SRI K SAMPATHRAJ MARLECHA
...PETITIONER
(BY SRI D.C. DEEPAK, ADVOCATE)
Digitally
signed by AND:
PRABHAKAR
SWETHA
KRISHNAN 1. STATE OF KARNATAKA
Location: BY ITS SECRETARY
High Court DEPARTMENT OF ENVIRONMENT
of Karnataka
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU-560001
2. KARNATAKA STATE POLLUTION CONTROL BOARD
REP BY ITS ENVIRONMENTAL OFFICER
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WP No. 9008 of 2024
REGIONAL OFFICE AT SARJAPURA
NISARGA BHAVANA
3RD FLOOR, THIMMAIAH ROAD
7TH D MAIN ROAD, SHIVANAGAR
BENGALURU-560010
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR RI;
SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 PRAYING TO ISSUE AN ORDER OR WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER
BEARING NO. PCB/RO/(SJR)/2024/432 DATED 11/07/2023
PRODUCED AT ANNEXURE-A AND IMPUGNED ORDER
BEARING NO. PCB/RO(SJR)/2024/594 DATED 11/08/2023
PRODUCED AT ANNEXURE-B.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WP No. 9008 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
In course of the hearing of the petition, it could not be
disputed by learned advocate Mr. D.C. Deepak for the petitioner
that the orders dated 11.07.2023 and 11.08.2023 passed by the
Environmental Officer of respondent No.2 - the Karnataka State
Pollution Control Board are appealable before the National Green
Tribunal.
2. The petitioner, if aggrieved by the said orders could prefer an
appeal under Section 33-B of the Water (Prevention and Control of
Pollution) Act, 1974.
2.1 Section 33-B reads as under,
"33-B. Appeal to National Green Tribunal. - Any person
aggrieved by,-
(a) an order or decision of the appellate authority
under section 28, made on or after the commencement of
the National Green Tribunal Act, 2010 (19 of 2010); or
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(b) an order passed by the State Government
under section 29, on or after the commencement of the
National Green Tribunal Act, 2010; (19 of 2010) or
(c) directions issued under section 33-A by a
Board, on or after the commencement of the National
Green Tribunal Act, 2010, may file an appeal to the
National Green Tribunal established under section 3 of
the National Green Tribunal Act, 2010, in accordance with
the provisions of that Act."
3. The orders impugned in the petition falls under Section
33-B(c), as they are in the nature of direction issued under Section
33-A by the Board. In that view, the petitioner may avail the said
remedy of appeal before the National Green Tribunal.
4. Various submissions were sought to be raised on behalf of
the petitioner to assail the impugned orders including that the
petitioner - industry is a storage industry.
5. All the aspects urged including the above are in the realm of
factual inquiry, which could be better undertaken in the appellate
proceedings before the National Green Tribunal. The appeal is
available as alternative statutory remedy.
6. At this stage, learned advocate for the petitioner submitted
that till the petitioner approaches the National Green Tribunal by
way of appeal, the petitioner may be protected from any coercive
action by the Board.
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7. In response to this request, it was submitted by learned
advocate Mr. A. Mahesh Chowdhary for respondent No.2-Board
that if the petitioner approaches the National Green Tribunal within
two weeks, the Board shall not take any coercive action.
8. In view of the above, the petitioner may approach the
National Green Tribunal by preferring an appeal within two weeks
from today.
9. Till the matter is placed before the National Green Tribunal or
until expiry of two weeks from today, whichever is earlier, the Board
shall not take any coercive action against the petitioner.
10. This Court has not gone into, nor expressed any opinion on
merits.
11. The petition is disposed of accordingly without expressing
any opinion on the merits.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
