Court dismissed a PIL filed by agriculturists seeking directions against a sugar company for environmental pollution impacting their lands. Held that specific private property damage requires a suit, not a writ.
Writ petition dismissed; separate suit maintainable for property damage.
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.
NC: 2024:KHC:6628-DB WP No. 27432 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 27432 OF 2023 (GM-POL-PIL)
BETWEEN :
Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI.ANEPPANAVAR RAMESH BASETTEPPA, ADVOCATE)
AND :
…RESPONDENTS
(SRI S.S.MAHENDRA, GOVERNMENT ADVOCATE FOR R1 SRI A.MAHESH CHOWDHARY, ADVOTE FOR R3 & 4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION TO THE RESPONDENT NO.1 “STATE” SPECIFICALLY AND ALSO THE RESPONDENT NO.3 TO CONSIDER THE REQUEST AND REPRESENTATIONS OF THE PETITIONERS WHO ARE ACTING ON BEHALF OF THE GROUP AND CLASS OF AGRICULTURISTS, BY ISSUING A DIRECTION TO TAKE IMMEDIATE ACTION AGAINST THE RESPONDENT NO.2 FOR STOPPAGE AND DISCHARGE OF EFFLUENTS, SEWAGE AND INDUSTRIAL WASTE INTO OPEN WELL, BORE-WELL AND CONSIDERABLE DAMAGE OF LANDS OF AGRICULTURISTS, IN ACCORDANCE WITH LAW AND PROCEDURE AS PROVIDED UNDER THE ENVIRONMENTAL LAW AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Shri S.S.Mahendra, learned Government Advocate accepts notice for respondent No.1. Shri A.Mahesh Chowdhary, learned advocate accepts notice for respondents No.3 and 4.
1 The Karnataka State Pollution Control Board
is maintainable and not a PIL. Accordingly, this writ petition is dismissed .
No costs.
Sd/CHIEF JUSTICE
Sd/JUDGE
AHB
List No.: 1 Sl No.: 58
1 issue framed by the court
Whether a writ petition filed by agriculturists claiming specific damage to their lands due to effluent discharge qualifies as public interest litigation.
2 provisions across 2 enactments
SRI BALAKRISHNA S/O SUBBARAO KHOT ORS
THE STATE OF KARNATAKA
M/S SHREE RENUKA SUGARS LTD
THE KARNATAKA STATE POLLUTION CONTROL BOARD
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
