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 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 11TH DAY OF JUNE 2014

                     PRESENT

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

                       AND

       THE HON'BLE MR.JUSTICE H.G.RAMESH

 WRIT PETITION NOS.10249-10251/2014 (GM-RES-PIL)

BETWEEN :

1.YELAHANKA NEIGHBOURHOOD
ENVIRONMENTAL IMPROVEMENT TRUST
HAVING ITS ADDRESS AT
6TH BLOCK, 001, HERITAGE ESTATE
DODDABALLAPUR ROAD, YELAHANKA
BANGALORE-560064, REP BY ITS
CHAIRMAN/MANAGING TRUSTEE
MR.VISWANATHAN KANNAN

2.SOBHA ALTHEA & AZALEA APARTMENT
OWNER'S ASSOCIATION
HAVING ITS ADDRESS AT:
HAROHALLI (OFF DODDABALLAPUR ROAD)
YELAHANKA HOBLI
BANGALORE NORTH TALUK
BANGALORE-560064
REP BY ITS PRESIDENT/SECRETARY
MR.SRIRAM VENKATASUBRAMANIAM.

3.HERITAGE ESTATE APARTMENT OWNER'S
ASSOCIATION, HAVING ITS ADDRESS AT:
DODDABALLAPUR ROAD, YELAHANKA
BANGALORE-560064
REPRESENTED BY ITS PRESIDENT
DR.SRINIVASIAH MURALIDHAR
                                    ... PETITIONERS

(BY SMT GAYATHRI BALU, ADV., FOR M/S.KHAITAN &
 CO., ADVS.,)
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AND

1.KARNATAKA POWER CORPORATION LTD (KPCL)
HAVING ITS REGISTERED OFFICE AT:
SHAKTI BHAVAN, NO.82, RACE COURSE ROAD
BANGALORE-560001

ALSO HAVING ADDRESS AT:
DG PLANT, SINGANAYAKANAHALLI POST
YELAHANKA, BANGALORE-560064, REP BY ITS
SUPERINTENDING ENGINEER (ELECTRICAL)

2.KARNATAKA STATE POLLUTION CONTROL BOARD
(KSPCB), REP BY ITS MEMBER SECRETARY
"PARISARA BHAVAN", # 49, 4TH & 5TH FLOOR
CHURCH STREET, BANGALORE-560001

3.STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI
BANGALORE-560 001

4.STATE PUBLIC INFORMATION OFFICER
KARNATAKA STATE POLLUTION CONTROL BOARD
"PARISARA BHAVAN", #49, 4TH & 5TH FLOOR
CHURCH STREET, BANGALORE-560001
                                   ... RESPONDENTS

(BY SMT NILOUFER AKBAR, AGA FOR R-1 & 3;
 SRI V Y KUMAR, ADV., FOR R-2 & 4)

     THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING   TO   DIRECT    RESPONDENT    NO.1   TO
COMPLETELY SHUT DOWN ITS DG PLANT PREMISES
SITUATED AT SINGANAYAKANAHALLI POST, YELAHANKA,
BANGALORE-560064 AND ETC.,

    THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:
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                              ORDER

D.H.WAGHELA, CJ (Oral)

1. Learned counsel Mr.V.Y.Kumar appears for respondent Nos.2 and 4.

2. Learned counsel for the petitioners fairly conceded that out of the prayers made in last paragraph of the petitions, only prayers (k) and (l) are surviving, in view of the fact that 1st respondent's plant at Yelahanka, Bangalore, has been closed since 24.08.2013 and the consent given to the plant earlier under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 have since then not been renewed. As far the prayers contained in (k) and (l), the petitioners propose to have the petitions transferred to the appropriate Bench of the National Green Tribunal for appropriate adjudication.

3. Learned counsel for the respondents having no objection, the petitions are disposed as transferred to the National Green Tribunal, with liberty to the petitioners to apply for suitable amendments to the petitions. The Registry shall do the needful for transferring the petitions to the Chennai Bench of the National Green Tribunal, as 4 early as practicable. Accordingly, the petitions stand disposed as far as this Court is concerned. It is further clarified at the instance of learned counsel for the petitioners that in case the plant in question resumes its operation, it would be a fresh cause of action for the petitioners or any other affected body if its operations are carried on in violation of the provisions of the environmental laws.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE bkv