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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2019
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION NOS.43995-44005 OF 2018 C/W
WRIT PETITION NOS.43293-43303 OF 2018 (GM-POL)
IN W.P. NOS.43995-44005 OF 2018
BETWEEN:
1. SRI SANJAY AGARWAL
S/O. SRI B.P.AGARWAL
AGED ABOUT 46 YEARS
R/O. C-13, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
2. SRI V. PRADEEP
S/O. N.M. VENKATESH REDDY
AGED ABOUT 40 YEARS
R/O. C-34, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
3. SRI PRATHAP V
S/O. N M VENKAESH REDDY
AGED ABOUT 40 YEARS
R/O. C-34, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
4. SRI V. PRASHANTH
S/O. N.M. VENKAESH REDDY
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AGED ABOUT 40 YEARS
R/O. C-34, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
5. SRI. ANKUR GUPTHA
S/O. SURENDRA KUMAR GUPTHA
AGED ABOUT 37 YEARS
R/O. B-25, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
6. C. SHARADA
W/O. SRI. KAMESHWARA RAO C.H.
AGED ABOUT 46 YEARS
R/O. C-48, ZONASH PARADISO
DODDANAKKUNDI EXTN.
ALPINE ECO ROAD
KARTHIK NAGAR
BENGALURU-560037
7. SMT. SUDHA N V
W/O. SRI. PHANI BHUSHAN ATHLUR
AGED ABOUT 42 YEARS
R/O. C-11, ZONASH PARADISO
DODDANAKKUNDI EXTN
OUTER RING ROAD
ITPL ROAD, KARATHIK NAGAR
BENGALURU-560037
8. MR. KIRAN NAGARAJ
S/O. SRI. N.S. NAGARAJ
AGED ABOUT 31 YEARS
NO. 942,1ST MAIN ROAD
PRAGATHI LAYOUT
DODDANAKKUNDI
BENGLAURU-560037
9. SUDEESH M.S.
S/O. SUBRAMANIAN M.A.
AGED ABOUT 46 YEARS
10, FERNS PARADISE
4TH STREET, OPP. TOTAL MALL
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DODANAKKUNDI
BENGLAURU-560037
10. SMT. SHREEJA
W/O. HARINARAYAN
AGED ABOUT 46 YEARS
NO. 43, DODDANAKKUNDI
BENGLAURU-560037
11. SHANKAR JAYARAMAN
S/O. R. JAYARAMAN
AGED ABOUT 45 YEARS
NO. 16, FERNS PARADISE
3RD PHASE, DODDANAKKUNDI
MARATHAHALLI OUTER RING ROAD
MARATHAHALLI
BENGLAURU-560037
... PETITIONERS
(BY SRI SHIVANANDA S., ADVOCATE)
AND:
1. CHIEF SECRETARY
KARNATAKA STATE GOVERNMENT
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE-560001
2. M/S. IJM CONCRETE PRODUCTS PVT. LTD
PLOT NO. 38/B, 38/B-1
DODDANAKKUNDI INDUSTRIAL AREA 1ST PHASE
MAHADEVAPURA POST
WHITE FILED, BENGALURU-560048
BY ITS MANAGER
SRI JAYESH KRISHNAN
3. THE CHAIRMAN
KARNATAKA STATE POLLUTION
CONTROL BOARD
"PARISARA BHAVANA"
1ST TO 5TH FLOORS
49, CHURCH STREET
BENGALURU-560001
... RESPONDENTS
(SRI T.L. KIRAN KUMAR, AGA FOR RESPONDENT NO.1
SRI A.V. AMARNATHAN, ADVOCATE FOR RESPONDENT NO.2
SRI P. CHIDANANDA, ADVOCATE FOR RESPONDENT NO.3)
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THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE INTERIM ORDER PASSED BY THE HON'BLE KARNATAKA
STATE APPELLATE AUTHORITY, AUTHORITY AT BENGALURU
UNDER WATER & AIR (PREVENTION CONTROL OF
POLLUTION) ACT, 1974 & 1981 IN APPEAL NO.03 OF 2018
DATED 31.01.2018, AS CONTAINED IN ANNEXURE-A AND ETC.
IN W.P.NOS.43293-43303 OF 2018
BETWEEN:
1. SRI SANJAY AGARWAL
S/O. SRI B.P. AGARWAL
AGED ABOUT 46 YEARS
R/O. C-13, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
2. SRI V. PRADEEP
S/O. N.M. VENKAESH REDDY
AGED ABOUT 40 YEARS
R/O. C-34, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
3. SRI PRATHAP V
S/O. N M VENKAESH REDDY
AGED ABOUT 40 YEARS
R/O. C-34, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
4. SRI V. PRASHANTH
S/O. N.M. VENKAESH REDDY
AGED ABOUT 40 YEARS
R/O. C-34, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
5. SRI. ANKUR GUPTHA
S/O. SURENDRA KUMAR GUPTHA
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AGED ABOUT 37 YEARS
R/O. B-25, ZONASH PARADISO
DODDANAKKUNDI
KARATHIK NAGAR
BENGALURU-560048
6. C. SHARADA
W/O. SRI. KAMESHWARA RAO C.H.
AGED ABOUT 46 YEARS
R/O. C-48, ZONASH PARADISO
DODDANAKKUNDI EXTN
ALPINE ECO ROAD
KARTHIK NAGAR
BENGALURU-560037
7. SMT. SUDHA N V
W/O. SRI. PHANI BHUSHAN ATHLUR
AGED ABOUT 42 YEARS
R/O. C-11, ZONASH PARADISO
DODDANAKKUNDI EXTN
OUTER RING ROAD
ITPL ROAD, KARATHIK NAGAR
BENGALURU-560037
8. MR. KIRAN NAGARAJ
S/O. SRI. N.S. NAGARAJ
AGED ABOUT 31 YEARS
NO. 942,1ST MAIN ROAD
PRAGATHI LAYOUT
DODDANAKKUNDI
BENGLAURU-560037
9. SUDEESH M.S.
S/O. SUBRAMANIAN M.A.
AGED ABOUT 46 YEARS
10, FERNS PARADISE
4TH STREET, OPP. TOTAL MALL
DODANAKKUNDI
BENGLAURU-560037
10. SMT. SHREEJA
W/O. HARINARAYAN
AGED ABOUT 46 YEARS
NO. 43, DODDANAKKUNDI
BENGLAURU-560037
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11. SHANKAR JAYARAMAN
S/O. R. JAYARAMAN
AGED ABOUT 45 YEARS
NO. 16, FERNS PARADISE
3RD PHASE, DODDANAKKUNDI
MARATHAHALLI OUTER RING ROAD
MARATHAHALLI
BENGLAURU-560037
... PETITIONERS
(BY SHRI SHIVANANDA S., ADVOCATE)
AND:
1. CHIEF SECRETARY
KARNATAKA STATE GOVERNMENT
VIDHANA SOUDHA
DR.AMBEDKAR VEEDI
BANGALORE-560 001
2. M/S. RDC CONCRETE INDIA LIMITED
A LIMITED COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956
HAVING ITS OFFICE AT PLOT NO.37/B
DODDANAKKUNDI INDUSTRIAL AREA
1ST PHASE, BENGALURU-560 048
REPT. BY ITS MANAGING DIRECTOR
3. THE CHAIRMAN
KARNATAKA STATE POLLUTION
CONTROL BOARD
PARISARA BHAVANA
1ST TO 5TH FLOORS
49, CHURCH STREET
BENGALURU-560 001
... RESPONDENTS
(SRI T.L. KIRAN KUMAR, AGA FOR RESPONDENT NO.1
SRI M.N. UMESH, ADVOCATE FOR RESPONDENT NO.2
SRI P. CHIDANANDA, ADVOCATE FOR RESPONDENT NO.3)
---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE INTERIM ORDER PASSED BY THE HON'BLE KARNATAKA
STATE (PREVENTION CONTROL OF POLLUTION) ACTS 1974 &
1981 APPELLATE AUTHORITY AT BENGALURU UNDER WATER
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& AIR IN APPEAL NO.01 OF 2018 DATED 29.1.2018, AS
CONTAINED IN ANNEXURE-A AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The challenge in these petitions is to the interim order passed by the Karnataka State Appellate Authority under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act 1981 (hereinafter referred as 'the said Acts of 1974 and 1981').
2. In these petitions, there is an interim order which directs that the second respondent shall operate their industries from 6.00 a.m. to 6.00 p.m. In the normal course, the petitions could have been disposed of by directing the Appellate Authority to dispose of the appeals. However, it is pointed out that the post of the Chairperson of the Appellate Authority is vacant.
3. Today, the learned Additional Government Advocate has tendered a memo annexing thereto a letter dated 24th July 2019 issued by the Under Secretary to the Government (Ecology and Environment), Forest, Ecology and Environment Department to the learned Government Advocate stating that -8- three names have been recommended for the post of Chairman and the matter of appointing the Chairman is under active consideration of the Government.
4. The Appellate Authority constituted under the said Acts of 1974 and 1981 performs an important role. Therefore, the State Government cannot take unreasonably long time to make an appointment to the post of Chairperson thereby frustrating the very object of establishing the Appellate Authority. Therefore, the appointment will have to be made within a time bound schedule.
5. As we are directing the State Government to appoint the Chairperson within the time fixed by this Court, the appeals pending before the Appellate Authority can be ordered to be disposed of expeditiously while continuing the ad-interim relief granted by this Court.
6. As far as W.P.Nos.43995-44005/2018 are concerned, it is not in dispute that the second respondent company, namely, M/s. IJM Concrete Products Private Limited has shifted its activities to some other place.
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7. Accordingly, we dispose of the petitions by the following order:
(i) We direct the State Government to make appointment of the Chairperson of the Appellate Authority as expeditiously as possible and in any event on or before 20th September 2019;
(ii) The State shall file a status report for reporting compliance on or before 24th September 2019;
(iii) The pending appeals before the Appellate Authority being Appeal Nos.1 and 3 of 2018 shall be disposed of as expeditiously as possible. However, till the disposal of the appeals, the interim order passed by this Court directing that the second respondent in W.P.Nos.43293- 43303/2018 shall continue to operate till the disposal of the appeals;
(iv) As the second respondent in W.P.Nos.43995-
44005/2018 has shifted its activities to some other place, it is not necessary to continue the interim order against the said respondent. However, if
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during the pendency of the appeals before the Appellate Authority, the second respondent in the said writ petitions resumes its activities at the original place, the said interim order will continue to govern the second respondent till the disposal of the appeals;
(v) We make it clear that we have made no adjudication on the merits of the controversy in the pending appeals and all questions are left open to be decided by the Appellate Authority.
The pending interlocutory applications do not survive for consideration and stand disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB