Dismissed

Prashanth Regency Welfare Association v. the State of Karnataka

Karnataka HC1 Mar 2021WP/1680/2021

Case brief

AI extract

What is this about?

In Writ Petition No. 1680 of 2021, the High Court of Karnataka declined to entertain a petition seeking quashing of impugned notices issued under the Water (Prevention and Control of Pollution) Act, 1974, due to the existence of a statutory appeal. The court extended interim relief for one month.

What did the court decide?

Interim relief granted on 29th January 2021 continued to operate for one month.

Prashanth Regency Welfare Association Vs the… — Environment and Pollution | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF MARCH, 2021

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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 WRIT PETITION NO. 1680 OF 2021 (GM-POL-PIL)

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BETWEEN:

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PRASHANTH REGENCY WELFARE ASSOCIATION SY.NO.23/1, YELLENAHALLI VILLAGE BEGUR HOBLI, BENGALURU – 560 068 REP. BY ITS AUTHORISED SIGNATORY MR. BRAHMA RAYA

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STONE CREEK RESIDENTIAL OWNERS ASSOCIATION YELLENAHALLI ROAD

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AKSHAYA NAGAR BENGALURU – 560 076 REP. BY ITS AUTHORISED SIGNATORY DR. SHASHIDHAR VISHWANATH

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GEETHAM PRIDE APARTMENT FLAT OWNERS ASSOCIATION NO.48/6, KUDLU MAIN ROAD BENGALURU – 560 068 REP. BY ITS AUTHORISED SIGNATORY MR. C.V.V.VENKATAKRISHNAN

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WHITE WINGS OWNERS ASSOCIATION 1^ST MAIN ROAD, TALACAUVERY LAYOUT BASAVANAGAR, BENGALURU – 560 037 REP. BY ITS AUTHORISED SIGNATORY MR. SHABEER AHMED PATEL

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... PETITIONERS

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(BY MS. SPANDANA ASHWATH, ADVOCATE FOR SHRI SHREYAS JAYASIMHA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE – 560 001 REP. BY ITS CHIEF SECRETARY

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KARNATAKA STATE POLLUTION CONTROL BOARD (KSPCB) “PARISARA BHAVAN” 1^ST TO 5^TH FLOOR, # 49 CHURCH STREET BANGALORE – 560 001 REP. BY ITS CHAIRMAN

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BANGALORE WATER SUPPLY AND SEWERAGE BOARD (BWSSB) 1^ST FLOOR, CAUVERY BHAVAN K.G. ROAD BANGALORE – 560 001 REP. BY ITS CHAIRMAN

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BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) HUDSON CIRCLE BENGALURU – 560 002 REP. BY ITS COMMISSIONER

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DEPARTMENT OF ELECTRICAL INSPECTORATE 2333, 4^TH MAIN ROAD VANGANAHALLI, SECTOR 2 HSR LAYOUT BENGALURU – 560 102 REP. BY ITS CHIEF ELECTRICAL INSPECTOR

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BANGALORE DEVELOPMENT AUTHORITY (BDA) KUMARA PARK WEST T.CHOWDAIAH ROAD BENGALURU – 560 020 REP. BY ITS CHAIRMAN

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BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) NRUPATHUNGA ROAD OPP. RBI, K.R.CIRCLE BANGALORE – 560 001 REP. BY ITS CHIEF GENERAL MANAGER

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... RESPONDENTS

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(BY SHRI VIJAYAKUMAR A PATIL, AGA FOR R1 & R5; SHRI G. MAHESH CHAUDHARY, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICES DATED 05.01.2021 ISSUED TO PETITIONER No.1 (ANNEXURE-A1), PETITIONER No.2 (ANNEXURE-A2), PETITIONER No.3 (ANNEXURE-A3) AND PETITIONER No.4 (ANNEXURE-A4) AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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The impugned notices have been issued in exercise of

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the powers under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 (for short ‘the said Act of 1974’).

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A statutory remedy of appeal under clause (c) of

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Section 33B of the said Act of 1974 is available to the petitioners.

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In view of the availability of statutory remedy before the National Green Tribunal, we decline to entertain this petition and the same is disposed of.

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To enable the petitioners to avail the statutory remedy, the interim relief granted on 29^th January 2021 will continue to operate for a period of one month from today.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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Prashanth Regency Welfare Association v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Prashanth Regency Welfare Association v. the State of Karnataka

Case brief

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What did the court decide?

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