Disposed

Sherwood Residents Association v. the State of Karnataka

Karnataka HC22 Sept 2021WP/4284/2020

Case brief

AI extract

What is this about?

Writ petition challenging show-cause and demand notices issued by the Karnataka State Pollution Control Board. The Court directed the Board to grant an opportunity of hearing before passing final orders or taking coercive action. The petition was disposed of accordingly.

What did the court decide?

Respondent No. 2 directed to grant opportunity of hearing; no coercive action till final order.

Sherwood Residents Association Vs the State of… — Environment and Pollution | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.4284/2020 (GM-POL)

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BETWEEN

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1 . 7 SHERWOOD RESIDENTS' ASSOCIATION BASAVA NAGAR MAIN ROAD, MARATHHALLI BENGALURU EAST TALUK BENGALURU - 560 037 REPRESENTED BY ITS AUTHORIZED SIGNATORY RAJEEV GUPTA.

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2 . PURVA RIVIERA APARTMENT OWNERS' ASSOCIATION AIRPORT VARTHUR ROAD NEAR MARATHAHALLI RAILWAY OVER BRIDGE, MARATHAHALLI BENGALURU - 560 037 REPRESENTED BY ITS PRESIDENT MR. SHANKER R.

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... PETITIONERS

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(BY SRI. SHREYAS JAYASIMHA., ADV.)

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AND:

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1 . THE STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS CHIEF SECRETARY

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2 . THE KARNATAKA STATE POLLUTION CONTROL BOARD(KSPCB) "PARISARA BHAVAN", #49, 4^TH AND 5^TH FLOOR, CHURCH STREET BENGALURU - 560 001 REPRESENTED BY ITS SENIOR ENVIRNOMENTAL OFFICER (BENGALURU-EAST ZONAL OFFICE) 3 . BENGALURU DEVELOPMENT AUTHORITY (BDA) KUMARA PARK WEST, T.CHOWDAIAH ROAD, BENGALURU - 560 020 REPRESENTED BY ITS CHAIRMAN 4 . BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB) 2ND FLOOR, CAUVERY BHAVAN KEMPEGOWDA ROAD, BENGALURU - 560 009 REPRESENTED BY ITS CHAIRMAN 5 . BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) CORPORATE OFFICE BESCOM K.R.CIRCLE, BENGALURU - 560 001 REPRESENTED BY ITS CHAIRMAN 6 . DEPARTMENT OF ELECTRICAL INSPECTORATE GOVERNMENT OF KARNATAKA NIRMAN BHAVAN, 2^ND FLOOR, PO NO. 5148, DR. RAJKUMAR ROAD RAJAJINAGAR BENGALURU - 560 010 REPRESENTED BY ITS CHIEF ELECTRICAL INSPECTOR … RESPONDENTS (BY SRI. V. SREENIDHI, AGA FOR R1 AND R6, SRI. GURURAJ JOSHI, ADVOCATE FOR R2 SRI. B.S. SACHIN, ADVOCATE FOR R3

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SRI. B.L. SANJEEV, ADVOCATE FOR R4 SMT. PADMA S. UTTUR, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICES ISSUED BY R-2 DTD.28.1.2020 VIDE ANENXURE-A1 AND ANNURE-A2 CONSEQUENTLY QUASHING ANY COERCIVE STEPS TAKEN PURSUANT TO THE SAID IMPUGNED NOTICES ANNEURE-A1 AND A2, QUASH THE NOTICES ISSUED BY R-2 DTD.4.12.2019 ANNURE-F1 AND F2 AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

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ORDER

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The petitioners before this Court have filed the present petition being aggrieved by the show cause notices issued by respondent No.2-Karnataka State Pollution Control Board (KSPCB) as well as demand notices.

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On the last date of hearing i.e., on 26.02.2020, this Court has directed respondent No.2 to grant an opportunity of hearing to the petitioners before passing any final order in the matter.

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Learned counsel appearing on behalf of respondent No.2-KSPCB was fair enough in stating before this Court that the petitioners will be granted an opportunity of hearing only after issuing proper notice and after hearing

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the petitioners, respondent No.2-KSPCB will be passing orders in the matter and till then, no coercive action will be taken against the petitioners. It is ordered accordingly.

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It is needless to mention that in case a fresh sample is drawn in respect of the water as required under the provisions of Water (Prevention and Control of Pollution) Act, 1974, a proper notice shall be issued to the petitioners for personal hearing and thereafter to pass an order in accordance with law. It is further made clear that till the final order is passed, no coercive action shall be taken by the respondents against the petitioners.

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With the aforesaid observations, the present petition stands disposed of.

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SD/ACTING CHIEF JUSTICE

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SD/JUDGE

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Sherwood Residents Association v. the State of Karnataka

Case brief

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Sherwood Residents Association v. the State of Karnataka

Case brief

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