Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
-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