Dismissed

M/S.Barafawala v. the State of Karnataka

Karnataka HC22 Jun 2021WP/145302/2020

Case brief

AI extract

What is this about?

Petitioner sought mandamus requiring spot inspection and videography by the Pollution Control Board before invoking the Air and Water Acts. The court held that the relief was moot as the underlying closure order and show cause notice had been quashed by a Division Bench order dated 31.08.2020.

What did the court decide?

None. The writ petitions were disposed off as the underlying show cause notice was merged with the final order quashed by the Division Bench.

M/S.Barafawala Vs the State of Karnataka — Environment and Pollution | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 22^nd DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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WRIT PETITION No.145301/2020 (GM-RES) C/W WRIT PETITION NO.145302/2020

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IN WRIT PETITION No.145301/2020 :

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BETWEEN

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M/S. BARAFAWALA FOODS, PLOT NO.1325, KIADB, AUTO NAGAR, KANABARGI, BELAGAVI-590016, REPRESENTED BY ITS PARTNER, SHRI. MOHAMMAD HUSAIN INAYAT HUSSAIN BARAFAWALA, AGE: 55 YEARS, OCCUPATION: BUSINESS, R/O: PLOT NO.1325, KIADB, AUTO NAGAR, KANABARGI, BELAGAVI-590016

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...Petitioner

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(By Sri.SANTOSH PUJARI, ADV.)

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AND

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560001

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2 . THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD, "PARISARA BHAVANA", NO.49 CHURCH STREET, BENGALURU-560001

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3 . THE MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD,

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"PARISARA BHAVANA", NO.49 CHURCH STREET, BENGALURU-560001

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4 . THE SENIOR ENVIRONMENTAL OFFICER ZONAL OFFICE, DHARWAD ZONE, GROUND FLOOR, PLOT NO.4, LAKKAMANAHALLI INDUSTRIAL AREA, P. B. ROAD, DHARWAD-580004

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5 . THE ENVIRONMENTAL OFFICER REGIONAL OFFICE, BELGAVI-1, KARNATAKA STATE POLLUTION CONTROL BOARD, # 1, MAIN ROAD, AUTO NAGAR, KANABARGI INDUSTRIAL AREA, BELAGAVI-590015

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6 . THE DEPUTY COMMISSIONER BELAGAVI COURT COMPOUND, BELAGAVI-590015

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7 . THE COMMISSIONER OF POLICE SUBHASH NAGAR, BELAGAVI-590016 ……Respondents

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(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1; SRI.G I GACHCHINAMATH, ADV. FOR R2 TO R5; R6 AND R7 ARE DELETED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:- A.ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE RESPONDENTS NO.1 TO 5 TO CONDUCT SPOT INSPECTION OF THE PETITIONERS FACTORY,BY ISSUING AT LEAST THREE DAYS PRIOR NOTICE AND VIDEOGRAPHY THE VIOLATIONS/CONTRAVENTIONS, THAT HAS BEEN COMMITTED BY THE PETITIONER IN RESPECT OF THE AIR & WATER ACT AND RULES AND REGULATIONS PRESCRIBED THEREIN, IN RELATION TO THE LAW PREVALENT AS ON DATE OF SPOT INSPECTION, BEFORE INVOKING THE PROVISIONS OF AIR AND WATER ACT, WHICH FALLS WITHIN THE EXCLUSIVE DOMAIN OF THE RESPONDENT NO.1 TO 5; B.ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION DIRECTING THE RESPONDENTS NO.1 TO 5, TO INVOKE THE PLENARY POWERS AS DESCRIBED IN AIR & WATER ACT AND RULES AND REGULATIONS PRESCRIBED THEREIN THE VIOLATIONS/CONTRAVENTIONS,THAT HAS BEEN COMMITTED BY THE PETITIONER IN RESPECT OF THE

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AIR & WATER ACT AND RULES AND REGULATIONS PRESCRIBED THERIEN, IN RELATION TO THE LAW PREVALENT AS ON DATE OF SPOT INSPECTION, BEFORE INVOKING THE PROVISIONS OF AIR AND WATER ACT, WHICH FALLS WITHIN THE EXCLUSIVE DOMAIN OF THE RESPONDENTS NO.1 TO 5.

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IN WRIT PETITION NO.145302/2020:

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BETWEEN

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M/S BARAFAWALA COLD STORAGE & AGRO PROCESSORS, PLOT NO.1325, KIADB, AUTO NAGAR, KANABARGI, BELAGAVI-590016, REPRESENTED BY ITS PARTNER, SHRI MOHAMMAD HUSAIN INAYAT HUSSAIN BARAFAWALA, AGE: 55 YEARS, OCC: BUSINESS, R/O: PLOT NO.1325, KIADB, AUTO NAGAR, KANABARGI, BELAGAVI-590016.

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...Petitioner

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(By Sri.SANTOSH PUJARI, ADV.)

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AND

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560001

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2 . THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD, "PARISARA BHAVANA NO.49, CHURCH STREET, BENGALURU-560001

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3 . THE MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD, "PARISARA BHAVANA NO.49, CHURCH STREET, BENGALURU-560001

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4 . THE SENIOR EVIRONMENTAL OFFICER ZONAL OFFICE, DHARWAD ZONE, GROUND FLOOR, PLOT NO.4, LAKKAMANAHALLI, INDUSTRIAL AREA, P. B. ROAD, DHARWAD-580004

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5 . THE ENVIRONMENTAL OFFICER REGIONAL OFFICE, BELAGAVI-1, KARNATAKA STATE POLLUTION CONTROL BOARD, # 1, MAIN ROAD, AUTO NAGAR, KANABARGI INDUSTRIAL AREA, BELAGAVI-590015

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6 . THE DEPUTY COMMISSIONER BELAGAVI COURT COMPOUND BELAGAVI-590001

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7 . THE COMMISSIONER OF POLICE SUBHASH NAGAR, BELAGAVI-590016.

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….Respondents

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(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1; SRI.G I GACHCHINAMATH, ADV. FOR R2 TO R5; R6 AND R7 ARE DELETED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:- A.ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE RESPONDENTS NO.1 TO 5 TO CONDUCT SPOT INSPECTION OF THE PETITIONERS FACTORY, BY ISSUING AT LEAST THREE DAYS PRIOR NOTICE AND VIDEOGRAPHY THE VIOLATIONS/CONTRAVENTIONS, THAT HAS BEEN COMMITTED BY THE PETITIONER IN RESPECT OF THE AIR & WATER ACT AND RULES AND REGULATIONS PRESCRIBED THEREIN, IN RELATION TO THE LAW PREVALENT AS ON DATE OF SPOT INSPECTION, BEFORE INVOKING THE PROVISIONS OF AIR AND WATER ACT, WHICH FALLS WITHIN THE EXCLUSIVE DOMAIN OF THE RESPONDENTS NO.1 TO 5; B. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE RESPONDENTS NO.1 TO 5, TO INVOKE THE PLENARY POWERS AS DESCRIBED IN AIR & WATER ACT AND RULES AND REGULATIONS PRESCRIBED THEREIN THE VIOLATIONS/CONTRAVENTIONS, THAT HAS BEEN COMMITTED BY THE PETITIONER IN RESPECT OF THE AIR & WATER ACT AND RULES AND REGULATIONS PRESCRIBED THEREIN, IN RELATION TO THE LAW PREVALENT AS ON DATE OF SPOT INSPECTION, BEFORE INVOKING THE PROVISIONS OF AIR AND WATER ACT, WHICH FALLS WITHIN THE EXCLUSIVE DOMAIN OF THE RESPONDENTS NO.1 TO 5.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In these writ petitions the petitioner has sought the

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following relief:

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“ a. Issue a writ in the nature of mandamus or any other writ or direction, directing the respondents No.1 to 5 to conduct spot inspection of the petitioners factory, by issuing at least three days prior notice and videography the violations/contraventions, that has been committed by the petitioner in respect of the air & water act and rules and regulations prescribed therein, in relation to the law prevalent as on date of spot inspection, before invoking the provisions of air and water act, which falls within the exclusive domain of the respondents No.1 to 5;

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b. Issue a writ in the nature of mandamus or any other writ or direction, directing the respondents No.1 to 5, to invoke the plenary powers as described in air & water act and rules and regulations prescribed therein the violations/contraventions, that has been committed by the petitioner in respect of the air & water act and rules and regulations prescribed therein, in relation to the law prevalent as on date of spot inspection, before invoking the provisions of air and water act, which falls within the exclusive domain of the respondents No.1 to 5;

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c. Pass any such other order or orders as the Hon’ble Court may deem fit in the facts and circumstances of the case”

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2. The case of the petitioner is that the petitioner is

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a partnership firm engaged in cold storage business. The petitioner is running this business after obtaining necessary

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permission from the Competent Authority and is doing this business for the last five years. When things stood thus, on 05.03.2018, respondent No.5 has issued show cause notice under Section 33(A) of the Water (Prevention & Control of Pollution) Act, 1974, read with Rule 34 of Karnataka Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) and the Water (Prevention & Control of Pollution) Rules, 1976 and under Section 31(A) of the Air (Prevention & Control of Pollution) Act, 1981, read with Rule 20 (A) of Karnataka Air (Prevention & Control of Pollution) Rules, 1983 for closure of petitioner’s Firm. In the said show cause notice, it has been observed by the Authority that the petitioner has to furnish the legal sources of raw materials procurement with necessary documents and copy of the KIADB land allotment for which purpose the permission is given. The grievance of the petitioner is that the respondent has no authority of law to seek such information from the petitioner. Being aggrieved by the notice dated 05.03.2018, the petitoner has approached this Court.

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3. Sri G.I.Gachchinmath, learned counsel appearing

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for respondent Nos.2 to 5 submits that, pursuant to the show

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cause notice dated 05.03.2018 vide Annexure-B, respondent No.5 has passed the closure order.

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The closure order dated 21.05.2018 and 14.05.2018 passed by the 5^th respondent herein has been challenged before the Division Bench of this Court in WP.No.49489/2018 connected with W.P.No.50434/2019. The Division Bench of this Court by order dated 31.08.2020 has quashed those orders. Since the final orders have been quashed, the show cause notice issued by the 5^th respondent vide Annexure-B is merged with the final order. Hence, the show cause notice will not survive for consideration.

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Heard the learned counsel for the parties. Perused the writ papers.

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The 5^th Respondent has issued the show cause notice to the petitioner vide Annexure-B under the said Act as stated above. It is observed in the said notice that the 5^th respondent has directed the petitioner to furnish legal sources of raw material procurement with necessary documents and copy of the KIADB land allotted for which purpose the permission is given. Pursuant to that show cause notice vide

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Annexure-B dated 05.03.2018, the 5^th respondent has passed the closure order on 14.05.2018 and 21.05.2018 in respect of the petitioner and the same has been challenged before the Green Bench. The Division Bench of this Court by order dated 31.08.2020 has passed the following order:

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“(i) We set aside the impugned order in WP No.49489/2019 at Annexure-R, dated 14th May 2018. We set aside the impugned orders in WP No.50434/2019 at Annexures-M and M1, dated 21st May 2018;

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(ii) This order will not prevent the respondents from initiating proceedings in accordance with law in the event it is found that the petitioners have committed breaches of the provisions of the Air or Water Act;

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(iii) If applications made by the petitioners for renewal of consent are pending, the same shall be decided by the concerned respondent within a period of three months from today;

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(iv) We make it clear that we have made no adjudication on the question whether the petitioners have committed violation or breaches of the provisions of the Air Act or Water Act or any other law.

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(v) The petitions are disposed of on above terms.”

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The relief sought in these writ petitions is with

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regard to the direction issued by the 5^th respondent to the petitioner at Annexure-B. This show cause notice has been

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merged in the final order passed by the 5^th respondent. The final order has been set aside by the Division Bench of this Court. Therefore, any direction issued by the 5^th respondent vide Annexure-B-show cause notice is merged with the final order. Hence, the relief sought by the petitioner will not survive for consideration.

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Accordingly the above writ petitions are disposed off.

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Sd/JUDGE

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Kgk

M/S.Barafawala v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S.Barafawala v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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