The High Court treated interim environment compensation demand notices as show cause notices, granting five days to reply and fifteen days to pay to accommodate legal remedies during the pandemic, while keeping merits open.
Demand notices treated as show cause notices; fifteen days granted for payment; merits kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2020
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 7202 OF 2020 (GM-POL)
CONNECTED WITH
WRIT PETITION NO.7009 OF 2020
W.P. No. 7202/2020
BETWEEN : M/S. DYNAMATIC TECHNOLOGIES LIMITED PLOT NO.11, II PHASE, PEENYA INDUSTRIAL AREA BENGALURU-560 058 REP. BY ITS EXECUTIVE DIRECTOR MR.P.S.RAMESH AGED MAJOR M/S DYNAMATIC TECHNOLOGIES LTD PLOT NO.11, II PHASE, PEENYA INDUSTRIAL AREA BENGALURU-560058.
...PETITIONER
(BY SRI SHIVARAJ N ARALI, ADVOCATE)
AND :
1 . THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU-560 001 REP. BY ITS MEMBER SECRETARY
2 . THE ENVIRONMENTAL OFFICER REGIONAL OFFICE - PEENYA URBAN ECO PARK, 100 FEET ROAD 3RD PHASE, PEENYA INDUSTRIAL AREA BENGALURU-560 058.
…RESPONDENTS
(BY SRI JEEVAN J NEERALGI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A ORDER/DEMAND NOTICE DATED 30.01.2020 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.
W. P. No.7009/2020
BETWEEN : M/S VINU MAC. PLOT NO.205-A, III PHASE PEENYA INDUSTRIAL AREA BENGALURU – 560 058 REP. BY ITS PROPRIETOR MR. G. SIDDAPPA, AGED MAJOR M/S VINU MAC. PLOT NO.205-A, III PHASE PEENYA INDUSTRIAL AREA BENGALURU – 560 058
...PETITIONER
(BY SRI SHIVARAJ N ARALI, ADVOCATE)
AND :
1 . THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU-560 001 REP. BY ITS MEMBER SECRETARY
2 . THE ENVIRONMENTAL OFFICER REGIONAL OFFICE - PEENYA URBAN ECO PARK, 100 FEET ROAD 3RD PHASE, PEENYA INDUSTRIAL AREA BENGALURU-560 058.
…RESPONDENTS
(BY SRI JEEVAN J NEERALGI, ADVOCATE)
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.25,00,000/- BY DEMAND DRAFT IN FAVOUR OF MEMBER SECRETARY, KSPCB, BENGALURU AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioners
and the learned counsel appearing for the respondents.
(a) The demand notices dated 30th January 2020
(Annexure-A in W.P.No.7202/2020) and 31st January 2020 (Annexure-A in
W.P.No.7009/2020) shall be treated as show cause notices. After considering the replies filed by the respective petitioners to the show cause notices and after giving an opportunity of being heard to the petitioners, it will be open for the respondents to pass an appropriate order in accordance with law;
(b) Considering the situation created by the pandemic, if orders are made by the respondents calling upon the petitioners to pay certain amount, minimum time of fifteen days shall be granted to the petitioners to pay the amount so that they are in a position to adopt appropriate legal remedies;
Sd/-
CHIEF JUSTICE
Sd/JUDGE
SN
1 issue framed by the court
Whether the interim environment compensation demand notices are to be treated as show cause notices pending hearing.
1 provisions across 1 enactments
M/s. Dynamatic Technologies Limited
M/s. Vinu MAC
The Karnataka State Pollution Control Board
The Environmental Officer
Abhay S. Oka
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
