W.P.No.52615/2018

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF DECEMBER, 2018

                         PRESENT

HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
                           AND
            HON'BLE MRS.JUSTICE S. SUJATHA

       WRIT PETITION No.52615 OF 2018 (GM - MM - S)

  BETWEEN:
  M/s. SRINIVAS PRASAD STONE CRUSHER
  Sy.No.215/P5, NELLIKAR VILLAGE
  POST: HOSMAR, MOODABIDRI HOBLI
  MANGALURU TALUK, D.K.,
  REP. BY ITS PARTNER
  Mr. RAVINDRA SHETTY
  S/O LATE SADHU SHETTY
  AGED ABOUT 44 YEARS
  SP GARDEN, BAJAGOLI-574122
  KARKALA, UDUPI DISTRICT.                  ... PETITIONER

             (BY SRI K.CHANDRANATH ARIGA, ADV.)
  AND:
  1.     THE MEMBER SECRETARY
         KARNATAKA STATE POLLUTION
         CONTROL BOARD, PARISARA BHAVANA
         No.49, CHURCH STREET
         BENGALURU-560001.

  2.     THE DEPUTY COMMISSIONER
         CHAIRMAN, DISTRICT STONE CRUSHER
         LICENSING & REGULATION AUTHORITY
         DAKSHINA KANNADA DISTRICT
         MANGALURU-575001.

  3.     THE SENIOR ENVIRONMENTAL OFFICER
         KARNATAKA STATE POLLUTION CONTROL
         BOARD, PARISARA BHAVANA
         No.49, CHURCH STREET, BENGALURU-560001.
                                                      W.P.No.52615/2018

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4.     THE DEPUTY DIRECTOR
       DEPARTMENT OF MINES & GEOLOGY
       DAKSHINA KANNADA DISTRICT
       JAGUL TOWERS, KADRI
       MANGALURU-575004.            ... RESPONDENTS

         (BY SRI D.NAGARAJ, ADV. FOR R-1 & R-3;
       SRI V.G.BHANU PRAKASH, AGA FOR R-2 & R-4.)

                                  ---

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 15.11.2018 ISSUED BY R-1
[ANNEXURE-E]; DIRECT THE R-1 TO OBTAIN A REPORT
ABOUT THE CRUSHER OF THE PETITIONER AFTER NOTICE
TO THE PETITIONER; AND ETC.,

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

                              ORDER

By way of this writ petition, the petitioner has questioned the order dated 15.11.2018, whereby the respondent-Karnataka State Pollution Control Board ('KSPCB') has purportedly withdrawn the consent issued under Section 21(4) of Air (Prevention and Control of Pollution) Act, 1981.

It is rather an admitted position that the said order has been passed by the KSPCB without extending any opportunity of hearing to the petitioner and only with reference to the recommendation made by the Hon'ble Upa Lokayuktha.

W.P.No.52615/2018 -3- With grant of the consent, specific civil rights came existing in favour of the petitioner; and it remains elementary that any order proposing to take away the existing rights cannot be passed without extending a reasonable opportunity of hearing to the petitioner. On this ground itself, this petition is required to be allowed.

In fact, learned counsel appearing for the KSPCB has also frankly submitted that the petitioner deserves an opportunity of hearing and that the KSPCB shall pass fresh order after extending an opportunity of hearing to the petitioner.

Taking note of the submissions so made, while the impugned order dated 15.11.2018 (Annexure-E) issued by respondent No.1 is set aside, in the interest of justice, it is provided that if any order adverse to the interest of the petitioner is proposed to be passed, it would be required of the KSPCB to serve a specific show cause notice to the petitioner with the specific ground, which the petitioner is required to meet.

The petitioner shall be required to submit his reply within three weeks of receipt of such notice and thereafter, it W.P.No.52615/2018 -4- would be open for the respondent to pass appropriate orders in accordance with law while dealing with the submissions of the petitioner.

The petition stands disposed of accordingly.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE Dvr: