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Karnataka High Court
M/S Lakshmipriya Steels Pvt. Ltd vs The Karnataka State Pollution Control ... on 25 February, 2026
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WP No. 35019 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 35019 OF 2025 (GM-POL)
BETWEEN:
M/S LAKSHMIPRIYA STEELS PVT. LTD.,
REPRESENTED BY ITS DIRECTOR,
MRS K N VASAVI,
INDUSTRY AT SY NO 331/B6,
331/B7 OF DANANAYAKANAKERE
AND SY No. 61A,
61B OF GOLLARAHALLI
HOSPET TALUK,
VIJAYANAGARA DISTRICT,
KARNATAKA 583222
...PETITIONER
Digitally (BY SRI. SADANAND G SHASTRI, ADVOCATE)
signed by
NIRMALA AND:
DEVI
Location: 1. THE KARNATAKA STATE POLLUTION
High Court
of Karnataka CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
PARISARA BHAVANA,
4TH AND 5TH FLOOR,
NO 49, CHRUCH STREET,
BENGALURU 560001
2. THE ENVIRONMENTAL OFFICER
VIJAYANAGAR ZONAL OFFICER,
KARNATAKA STATE POLLUTION
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WP No. 35019 of 2025
HC-KAR
CONTROL BOARD,
SRI SAI SHARAN PLAZA,
NO 71/A, 2ND FLOOR,
DAM ROAD,
VIJAYANAGAR DISTRICT,
HOSAPETE 583203
3. THE MANAGING DIRECTOR
GULBARGA ELECTRICITY
SUPPLY COMPANY LIMITED,
STATION ROAD,
KALABURAGI 585102
4. THE EXECUTIVE ENGINEER
GULBARGA ELECTRICITY
SUPPLY COMPANY LIMITED,
STATION ROAD,
KALABURAGI 585102
...RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R1
RESPONDENTS 2 TO 4 ARE SERVED AND
UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION QUASHING THE CLOSURE ORDER
DATED 23.10.2025 AT ANNEXURE-A BEARING No.
PCB/SEO/MINES/PH-PRO/2025-26/3004 ISSUED BY THE
RESPONDENT No. 1 AND CONSEQUENTLY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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WP No. 35019 of 2025
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia,
impugning a closure order dated 23.10.2025 [impugned order]
issued by the Karnataka State Pollution Control Board [KSPCB].
2. The petitioner submits that it has provided all measures to
control the pollution as directed by the KSPCB. The only condition,
which is not complied with is the construction of a wind-breaking
wall. The petitioner submits that although foundation for the said
wall is laid, it could not be constructed as the area where the wall
was to be constructed was sub-merged on the account of the
excessive rains. The petitioner further states that it is committed to
installing the said wall and therefore, its operations not be
interdicted.
3. The petitioner states that more than hundred persons are
employed in the industrial undertaking and closure of the unit would
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render them unemployed apart from causing insurmountable loss
to the petitioner.
4. The present petition was listed on 08.12.2025, when notice
was issued to the KSPCB. The KSPCB had thereafter filed a
statement of objections pointing out certain measures for
preventing pollution that were not been taken. That at a hearing
held on 18.02.2026, Mr.Mahesh Chowdhary, learned counsel
appearing for the KSPCB had submitted that a fresh inspection
would be conducted and report would be submitted regarding the
anti pollution measures that the petitioner has failed to implement.
The said statement was made in the context of the controversy
arising as the petitioner was claiming that it had taken all measures
as directed and the KSPCB was contending to the contrary.
5. In conformity with the statement made before this Court,
officials of KSPCB conducted an inspection and a report has been
filed. The conclusions as recorded in the said report are
reproduced below:
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Conclusion:
In view of the above observations, it was noticed that
the industry is yet to comply with the followings non-
compliances reported in the closure order;
• The belt curtains to restrict the cross flow of air to
the coal storage shed were not installed.
• The approach road from Highway to the unit is
not concreted.
• The wind breaking barriers of adequate height
has not been provided.
• The Green belt around the premises is not
complied as per the Environmental conditions.
This is for kind information and further needful action.
6. The petitioner has accepted the said conclusions and has
filed an affidavit, undertaking that the said deficiencies would be
addressed with within an outer limit of eight weeks from date. A
copy of the said affidavit has been served to the KSPCB and the
same is accepted.
7. Considering the undertaking given by the petitioner, we
consider it apposite to direct the KSPCB to withhold any coercive
measures for a period of eight weeks from date. The electricity
supply to the petitioner's undertaking, which has been
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disconnected shall be restored forthwith. The same would enable
the petitioner to carry on its operations.
8. However, we clarify that if the undertaking as provided is not
complied with within the period of eight weeks, the KSPCB shall be
at liberty to take such steps as necessary in accordance with law.
9. The electricity connection restored in compliance of this
order, would be disconnected forthwith on any information of non
compliance being furnished by the KSPCB to the distributing
company-respondent Nos.3 and 4. On KSPCB being satisfied that
all necessary measures, as directed by it have been taken, it shall
revoke the impugned order as well as any other closure order.
10. This petition stands disposed of.
11. All pending applications also stand disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
ND/List No.: 2 Sl No.: 41
