Disposed

M/S Krishnadevaraya Hatcheries Pvt. Ltd. v. the Chairman

Karnataka HC21 Aug 2024WP/13755/2024

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a poultry farm franchisee seeking directives to prevent pollution from a neighboring unit. It directed the Pollution Control Board authorities to examine the petitioner's representation and decide the matter on merits within six weeks without delving into the merits themselves.

What did the court decide?

Directed respondent authorities to consider the petitioner's representation and decide the matter on merits within six weeks.

M/S Krishnadevaraya Hatcheries Pvt. Ltd. Vs the… — Environment and Pollution | Karnataka HC (2024)

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NC: 2024:KHC:33698-DB WP No. 13755 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF AUGUST, 2024 PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE K V ARAVIND

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WRIT PETITION NO. 13755 OF 2024 (GM-POL)

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BETWEEN:

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M/S KRISHNADEVARAYA HATCHERIES PVT LTD A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT

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REPRESENTED BY ITS MANAGER O/AT 3^RD FLOOR

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Digitally signed by PRABHAKAR SWETHA KRISHNAN

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Location: High Court of Karnataka

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SRI SAPTAGIRI ENCLAVE OPP. COURT COLLEGE ROAD HOSPET – 583 201

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(BY SRI. HARISH KUMAR M.S, ADVOCATE)

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AND:

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THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA, No.49 CHURCH STREET BENGALURU – 560 001

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…PETITIONER

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NC: 2024:KHC:33698-DB WP No. 13755 of 2024

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THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD BUILDING No.09/7/680/30A BT PATIL NAGAR 3^RD CROSS KOPPAL – 583 231

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M/S KIRLOSKAR FERROUS INDUSTRIES LIMITED REPRESENTED BY ITS MANAGING DIRECTOR O/AT BEVINAHALLI VILLAGE P.O. HITNAL

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KOPPAL – 583 234

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…RESPONDENTS

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(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDERS TO DIRECT THE RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATION DATED 07/07/2023 FILED BY THE PETITIONER VIDE ANNEXURE-E WITHIN 15 DAYS AND TO TAKE AN ACTION TO STOP THE POLLUTION CAUSED BY THE RESPONDENT NO.3 AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:33698-DB WP No. 13755 of 2024

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND

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ORAL ORDER

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned advocate Mr. M.S. Harish Kumar for the

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petitioner, learned advocate Mr. A. Mahesh Chowdhary who appears on behalf of the respondent-Karnataka State Pollution and Control Board (KSPCB) upon service of copy of the petition in advance, to assist the Court.

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The only prayer made in this petition filed under Article 226 of the Constitution is to direct respondent Nos.1 and 2, who are the Chairman and the Environmental Officer of the KSPCB, to consider the representation dated 07.07.2023 filed by the petitioner. The said representation figures on record (Annexure –E page No.27).

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2.1 The representation was with regard to investigation and taking suitable action against the pollutants impacting poultry farming activities.

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The petitioner happens to be a Company which has got a franchise from Venkateshwara Hatcheries Limited, Pune, for the

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4 - NC: 2024:KHC:33698-DB WP No. 13755 of 2024

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purpose of breeding birds at the site. According to the petitioner, as stated in the representation, permitting the poultry farm will have the consequences injurious to the livestock of approximately 80,000 layer birds which is being nurtured by the petitioner.

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3.1 It is also the grievance that immediate steps are required to be taken against the impact of toxic pollutants emitted by the company located in the area. It is stated that the bird mortality has increased. It is the case that the authorities are required to take appropriate steps under the law to curb such activities and the effect thereof.

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It will be in the fitness of things that respondent Nos.1 and 2 through the competent authority examines the grievance of the petitioner in the aforementioned representation dated 07.07.2023 which is already made before respondent Nos.1 and 2.

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This petition is therefore disposed of without going into or expressing any opinion on the merits by directing the competent authority of respondent Nos.1 and 2 to consider and decide the said representation in accordance with law and on its own merits preferably within a period of six weeks from today.

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NC: 2024:KHC:33698-DB WP No. 13755 of 2024

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The copy of the writ petition shall also be submitted within six weeks to the respondent-authorities to be part of the

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representation.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K V ARAVIND) JUDGE

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List No.: 1 Sl No.: 7

M/S Krishnadevaraya Hatcheries Pvt. Ltd. v. the Chairman

Case brief

What is this about?

What did the court decide?

M/S Krishnadevaraya Hatcheries Pvt. Ltd. v. the Chairman

Case brief

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What did the court decide?

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