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Section 33 in The Water (Prevention and Control of Pollution) Act, 1974
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Karnataka High Court
M/S Jasky Exports Private Limited vs State Of Karnataka on 2 August, 2019
Author: Chief Justice A.S
                          -1-



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2nd DAY OF AUGUST, 2019

                      PRESENT

   THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                         AND

       THE HON'BLE MR.JUSTICE BELLUNKE A. S.

       WRIT PETITION NO. 31494 / 2019 (GM - POL)


BETWEEN:

M/S. JASKY EXPORTS PRIVATE LIMITED
REP. BY ITS DIRECTOR
SHRI. JOHN JOSEPH
AGE 42 YEARS
SY.NO.91/3, SHED 1 & 2
DRUVA INDUSTRIAL ESTATE
CHEEMASANDRA
VIRGONAGAR POST
BANGALORE - 560 049
                                         ... PETITIONER

(BY SHRI RAGHAVENDRA B. HANJER, ADVOCATE)

AND:


1. STATE OF KARNATAKA
   REP. BY ITS SECRETARY
   DEPARTMETN OF FOREST
   ENVIORNMENT AND ECOLOGY
   KARNATAKA GOVERNMENT SECRETARIAT
   4TH FLOOR, GATE NO.2
   M.S. BUILDING
   BANGALORE - 560 001
                                -2-



2. THE KARNATAKA STATE POLLUTION
   CONTROL BOARD
   REP. BY ITS MEMBER SECRETARY
   PARISARA BHAVAN, 1ST TO 5TH FLOOR, NO.49
   CHURCH STREET
   BANGALORE - 560 001

                                              ... RESPONDENTS
(BY SHRI S.S. MAHENDRA, AGA FOR R1;
 SHRI GURURAJ JOSHI, ADVOCATE FOR R2)
                               ---
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE CLOSURE DIRECTIONS DATED 19.07.2019
(ANNEXURE-A) AND ETC.

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

                            ORDER

The impugned order dated 19th July 2019 has been made in exercise of the powers under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the said Act of 1974'). A statutory remedy under Section 33(B) of the said Act of 1974 is available to the petitioner which can be said to be an efficacious remedy.

2. The submission of the learned counsel appearing for the petitioner is that there is a breach of the principles of natural justice. If that be so, the said contention can be taken by the petitioner in the statutory remedy. -3-

3. Accordingly, we dispose of the writ petition by granting liberty to the petitioner to adopt the statutory remedy in accordance with law. All contentions are kept open.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE SN