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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

  DATED THIS THE 10th DAY OF SEPTEMBER 2014

                      PRFESENT

 THE HON'BLE MR.D.H. WAGHELA, CHIEF JUSTICE

                           AND

 THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

    WRIT PETITION NO.14672/2014 (GM-POL-PIL)


BETWEEN:

H.R. Harisha Halli, 33 years,
S/o.K.B. Rajanna Halli,
R/o. Kabbala Village
Doddaghatta Post,
Basavanapatna Hobli,
Channagiri Taluk,
Davanagere District-577 014           ... PETITIONER

(By Sri. Rudrappa.P., Advocate)

AND:

1.The State of Karnataka
Ministry of Environment and Forest,
(Pollution Control Department),
Represented by its Secretary,
Vidhana Soudha, Bangalore-560 001.

2.The State of Karnataka,
Water Resources Department,
Represented by its Secretary,
Vidhana Soudha, Bangalore-560 001.

3.The State of Karnataka
Education Department,
                            2


Represented by its Secretary,
Vidhana Soudha, Bangalore-560 001.

4.Karnataka State Pollution
Control Board, "Parisara Bhavana"
1 to 5th Floor, # 49,
Church Street, Bangalore-560 001.
Karnataka. Represented by
Its Member Secretary.

5.Karnataka State Pollution
Control Board, Divisional Office,
CA.No.02, 3rd Main, KHB colony,
Behind Pragathi Gramin Bank,
Near KHB Office, Sadik Nagar Road,
Chitradurga-577 501.
Represented by Regional Senior
Environmental Officer.

6. Karnataka State Pollution
Control Board, Regional Office,
No.501, 'C' Block,
Devaraj Uras Layout,
Davanagere-577 006
Represented by its Regional Officer,

7.The Deputy Commissioner
Davanagere District,
Davanagere-577 002.

8.The Director Pre-University
Board, 18th Cross, Malleshwaram,
Bangalore-3.

9.The Deputy Director of Public
Instructions, Education Department,
Davanagere-577 002.

10.The Commissioner
Davanagere Mahanagara Palike
Corporation Building, P.B. Road,
Davanagere-577 002
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11.The Head Master,
Vishwachethana
Vidyanikethana Residential School
N.H.-4, Bypass Road,
Shiramagondanahalli Village
Davanagere Taluk,
Davanagere District-577 002

12.M/s.Vishwachethana
Vidyanikethana Vidha Samste
N.H.4, Bypass Road,
Shiramagondanahalli Village
Davanagere Taluk,
Davanagere District-577 002.
Represented by its Chairmen.         ... RESPONDENTS

(By Smt.Shweta Krishnappa, HCGP for R-1 to R-3, 7
and 9, Sri.Gururaj Joshi, Advocate for R-6, Sri.B.S.
Hadimani, Advocate for R-11 and R-12, R-5 is served)

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     This writ petition is filed under Articles 226 and
227 of the Constitution of India praying to direct
respondent Nos.4 to 6 to prevent the Air and Water
Pollution by the Respondent Nos.1 and 12 or by any
other persons etc.


     This petition coming on for preliminary hearing
this day, Chief Justice made the following:-
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                       ORDER

D.H.WAGHELA, CJ(Oral)

1. This petition is moved by an RTI Activist on the basis of the material showing consistent failure on the part of the Karnataka State Pollution Control Board in taking any action against Respondent No.11 and 12, who have admittedly been discharging untreated effluent into an open drain which ultimately joins Bhadra Canal near National Highway-4 at Shiramagondanahalli. Since there is no dispute about the fact of consistent discharge of untreated effluent as also about inaction on the part of the State Pollution Control Board, it is not necessary to further delve into the factual aspect of the matter.

2. However, by filing an affidavit of learned advocate appearing for Respondent No.11 and 12, it is stated that the work of establishing a sewage treatment and recycling plant is already entrusted to M/s.Ecosoft Water Technology, Bangalore, and the work is in progress. It is further declared and undertaken that 5 sewage treatment and recycling plant will be constructed in the premises of Respondent No.12 and will be operational within seven months and latest by 31.3.2015. It is also stated by learned counsel Mr.Gururaj Joshi appearing for the State Pollution Control Board that at least now Respondent No.11 and 12 shall not be permitted to discharge untreated effluent outside the premises of Respondent No.12 and for that purpose the premises shall be inspected by Inspector of Pollution Control Board once every week and in case, if, any violation of the provisions of The Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 is found, immediate and energetic action including direction to stop the offending activity and filing of criminal cases will be taken up.

3. Upon the above statements made and recorded, the petition is not pressed for any further relief at this stage. It is however painfully noted during the course of hearing that the State Pollution Control Board appeared to have practically abdicated its duties and functions by 6 not taking any action worth the name for prevention of pollution of the common and important water resource. It was in that context that learned counsel Mr. Gururaj Joshi submitted that the State Pollution Control Board shall take up this matter at the higher level so as to issue necessary standing instructions to all the Officers of the regional offices of the State Pollution Control Board instructing them to take immediate and energetic action in such cases of gross violation of mandatory legal provisions of the aforesaid Acts. He also stated that the instructions proposed to be issued may also include a stipulation that conscious failure of the officers in discharging their duties would be treated as dereliction of duty for the purpose of taking disciplinary action and the damage caused to the environment because of such dereliction of duty may be quantified and ordered to be recovered from the salary of the officers concerned.

4. Accordingly, recording the above statement, petition is disposed with no order as to cost with the expectation that the State Pollution Control Board 7 would take up the matter seriously and file before this Court, within fifteen days, the copies of instructions being circulated in terms of the statements recorded hereinabove.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE.

*alb/-.