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Cites 5 docs
Section 33 in The Water (Prevention and Control of Pollution) Act, 1974
Article 226 in The Constitution Of India 1949
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 33B in The Water (Prevention and Control of Pollution) Act, 1974
Article 227 in The Constitution Of India 1949

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Karnataka High Court
Sri. S. Ramesh Kumar vs Karnataka State Pollution on 9 September, 2019
Author: Chief Justice Nawaz
                            -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 9TH DAY OF SEPTEMBER, 2019

                        PRESENT
      THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
                           AND
       THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

         WRIT PETITION NO.35737 OF 2019 (GM-POL)

BETWEEN:
SRI. S. RAMESH KUMAR
S/O H SRINIVASA REDDY
AGED ABOUT 38 YEARS
RESIDING AT NO.150
HALANAYAKANAHALLI VILLAGE
VARTHUR HOBLI
SARJAPUR MAIN ROAD
CARLELRAM POST
BENGALURU - 560 035
                                           ... PETITIONER
(BY SMT. ANUSHA NANDISH, ADVOCATE)

AND:
1.    KARNATAKA STATE POLLUTION
      CONTROL BOARD
      REPRESENTED BY ITS CHAIRMAN
      PARISARA BHAVAN, 1 TO 5 FLOORS
      NO.49, CHURCH STREET
      BENGALURU - 560 001

2.    BANGALORE ELECTRICITY SUPPLY
      COMPANY LIMITED (BESCOM)
      REPRESENTED BY ITS
      MANAGING DIRECTOR
      K.R. CIRCLE, BENGALURU - 560 001
                                         ... RESPONDENTS
                             ---
      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE CORRIGENDUM DTD.12.07.2019 PASSED BY THE R-1, AT
(ANNEXURE-A) AND CONSEQUENTLY ALLOW THE ABOVE
PETITION AND ETC.
                               -2-


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

                            ORDER

The impugned corrigendum modifies the direction issued earlier under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the said Act'). Therefore, the impugned corrigendum dated 12th July 2019 is also issued in exercise of power under Section 33(A) of the said Act.

2. The remedy of preferring a substantive appeal under sub-section (c) of Section 33-B of the said Act is available to the petitioner. The contentions which are raised in the petition can be always agitated in the appeal. On the ground of availability of an efficacious remedy, we decline to entertain this petition and the same is accordingly disposed of. The remedy of the petitioner is kept open.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE AHB