1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF FEBRUARY 2015

                       PRESENT

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

                         AND

       THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

         WRIT PETITION NO.29386/2013 (GM-POL)

BETWEEN

J.S.JAGADISH S/O SIDDACHARI
AGED ABOUT 38 YEARS
2ND DIVISION, HALLADAKERI
WARD NO.10, SHIVANAND CIRCLE
GUNDLUPETH
CHAMARAJNAGAR DISTRICT-571111
                                       ... PETITIONER

(BY SRI S J PURANIK, ADV.,)

AND

1.     KARNATAKA STATE POLLUTION
       CONTROL BOARD
       PARISARA BHAVAN, NO.49
       CHURCH STREET
       BANGALORE-560001
       REP BY ITS MEMBER SECRETARY

2.     THE SENIOR ENVIRONMENTAL OFFICER
       KARNATAKA STATE POLLUTION
       CONTROL BOARD, REGIONAL OFFICE
       MYSORE, MYSORE DISTRICT-570016

3.     THE ENVIRONMENTAL OFFICER
       KARNATAKA STATE POLLUTION CONTROL
       BOARD, REGIONAL OFFICE
       CHAMARAJANAGAR
       CHAMARAJANAGARA DISTRICT-571313
                             2


4.   M/S. THEJAS WOOD INDUSTRIES
     MUNICIPAL ASSESSMENT NO.325/261/1
     2ND DIVISION, WARD NO.10
     HALLADAKERI, GUNDLUPETE
     CHAMARAJANAGAR DISTRICT-571111
     REP BY ITS PROPRIETOR N. ASHWATH
                                   ... RESPONDENTS

(BY SRI S G KULKARNI, ADV., FOR R-1 TO 3;
 SRI VISHWANATHA POOJARY .K, ADV., FOR R-4)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 30.01.2013 IN
APPEAL NO.1/2013 PASSED BY THE KARNATAKA STATE
APPELLATE AUTHORITY WHICH IS PRODUCED AT
ANNEXURE-C.

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

                         ORDER

D.H.WAGHELA, CJ (Oral)

1. Learned counsel for respondent No.1 has placed on record the order dated 22.08.2014 whereby, in exercise of the powers under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 read with the Rules made thereunder, respondent No.4 is directed to close the industrial operation or process forthwith until further orders and the Managing Director of electricity supply company viz., CHESCOM is directed to cut-off power supply to respondent No.4 -unit. 3

2. Learned counsel appearing for respondent No.4 has stated, on instruction, that unless and until the respondent obtains an express order of consent under the aforesaid Act, the unit shall not be restarted and in case air pollution or noise pollution continues at the hands of respondent No.4, they would be liable to be prosecuted in accordance with law.

3. Upon the above order dated 22.08.2014 being placed on record and the above statement on behalf of respondent No.4 being recorded herein, the petition is not pressed for any further order and accordingly it is disposed, with no order as to cost.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE bkv