Disposed

M/S Resil Chemicals Private Limited v. the Karnataka State Pollution Control Board

Karnataka HC4 Jun 2020WP/7006/2020

Case brief

AI extract

What is this about?

High Court held the demand notice for interim environmental compensation breached natural justice due to absence of a show-cause notice. Court converted notice into a show-cause instrument, permitted an opportunity of hearing, and kept merits open, directing a minimum 15-day payment period.

What did the court decide?

Demand notice treated as show-cause notice; writ disposed keeping merits open; minimum 15 days for payment granted.

M/S Resil Chemicals Private Limited Vs the… — Environment and Pollution | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF JUNE, 2020

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PRESENT

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

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AND

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THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

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WRIT PETITION NO. 7006 OF 2020 (GM-POL)

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BETWEEN :

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M/S RESIL CHEMICALS PRIVATE LIMITED PLOT NO.53-57 BOMMASANDRA INDUSTRIAL AREA, IV PHASE ANEKAL TALUKA BENGALURU URBAN DISTRICT-560 099

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REP. BY ITS FINANCE CONTROLLER MR. VINAYA KUMAR, S/O NARAYANA RAO K AGED ABOUT 53 YEARS M/S RESIL CHEMICALS PVT LTD PLOT NO. 53-57 BOMMASANDRA INDUSTRIAL AREA, IV PHASE ANEKAL TALUKA BENGALURU URBAN DISTRICT-560 099

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...PETITIONER

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(BY SRI SHIVARAJ N ARALI, ADVOCATE) AND :

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1 . THE KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVANA 1^ST TO 5^TH FLOOR, NO.49 CHURCH STREET BENGALURU-560001 REP. BY ITS MEMBER SECRETARY

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2 . THE ENVIRONMENTAL OFFICER REGIONAL OFFICE -SARJAPURA KARNATAKA STATE POLLUTION CONTROL BOARD

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NISARGA BHAVAN, 3^RD FLOOR, THIMMAIAH ROAD 7^TH D MAIN ROAD, SANEGORAVANAHALLI SHIVANAGAR BENGALURU-560 010

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... RESPONDENTS

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(BY SRI JEEVAN J NEERALGI, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A ORDER/DEMAND NOTICE DATED 31.01.2020 PASSED BY THE SECOND RESPONDENT IMPOSING AND DIRECTING THE PETITIONER TO PAY WITHIN FIFTEEN DAYS, INTERIM ENVIRONMENT COMPENSATION OF RS.1,00,00,000/- BY DEMAND DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB, BENGALURU AND ETC.

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THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Notice is already issued to the respondents.

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We have heard the learned counsel appearing for

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the petitioner and the learned counsel appearing for the respondents.

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The challenge in this writ petition is to the notice dated 31^st January 2020 issued by the fourth respondent calling upon the petitioner to deposit interim environmental compensation of Rs.1 crore within a period of fifteen days. The petitioner has replied on 2^nd March 2020 to the said notice by raising various contentions and by stating that the notice was served on 17^th February 2020.

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The respondents have not placed anything on

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record to show that the demand of Rs.1 crore was made to the petitioner after following the principles of natural justice. Taking the contents of the demand notice as correct, even the demand notice does not record that any show cause notice was given to the petitioner and that an opportunity of being heard was given to the petitioner. Thus, the impugned demand is in breach of the principles of natural justice and only on that ground, the same deserves to be interfered with.

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5. Accordingly, we pass the following order:

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(a) The demand notice dated 31^st January 2020

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(Annexure-A) shall be treated as a show cause notice;

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(b) After considering the reply filed by the petitioner

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to the show cause notice and after giving an opportunity of being heard to the petitioner, it will be open for the respondents to pass an appropriate order in accordance with law;

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pandemic, if an order is made by the respondents calling upon the petitioner to pay

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certain amount, minimum time of fifteen days shall be granted to the petitioner to pay the amount so that the petitioner will be in a position

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to adopt appropriate legal remedies;

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(d) All issues on merits are kept open;

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(e) Accordingly, the writ petition is disposed of in

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above terms.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

M/S Resil Chemicals Private Limited v. the Karnataka State Pollution Control Board

Case brief

What is this about?

What did the court decide?

M/S Resil Chemicals Private Limited v. the Karnataka State Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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