M/S Jayalakshmi Enterprieses Proprietorship… — Environment and Pollution | Karnataka HC (2025)

M/S Jayalakshmi Enterprieses Proprietorship… — Environment and Pollution | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of on the submissions of counsel: petitioner to apply for necessary approvals within one week; respondents to consider the application as expeditiously as possible, preferably within six weeks from receipt.

Issue for consideration

Whether the principles of natural justice were violated before the closure orders at Annexures G and H dated 28.03.2025 were passed.

Ratio / Principle

The writ petition was disposed of in terms of the submissions of learned counsel for the parties - the petitioner to apply for necessary approvals within one week and the respondents to consider such application as expeditiously as possible, preferably within six weeks from receipt.

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution by M/s Jayalakshmi Enterprises (proprietrix Smt. Ashwini D) seeking quashing of two closure directions dated 28.03.2025 issued by the Karnataka State Pollution Control Board (1st respondent) - No. PCB/SEO-ENFCNP/CLOUSURE (WPC)/2024-25/391 (Annexure G) under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and No. PCB/SEOENF-CMP/Closure (APC)/2024-25/392 (Annexure H) under Section 31(A) of the AIR (Prevention and Control of Pollution) Act, 1981 - together with an Official Memorandum dated 15.04.2025 of the Deputy Commissioner, Bengaluru Rural District (Annexure J). Sole point urged: violation of principles of natural justice before Annexures G and H. Respondents contended the concern was operating without prior approval for establishment and operation; the petitioner did not seriously contest this and undertook to apply for necessary approvals within one week; respondents' counsel stated the application would be considered expeditiously, preferably within six weeks from receipt. Oral Order (per V Kameswar Rao, Acting Chief Justice, with C M Joshi, Judge) disposed of the petition accordingly, without adjudicating the natural justice grievance.

1 -

NC: 2025:KHC:22280-DB WP No. 14779 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JUNE, 2025

PRESENT

THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE

AND

THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 14779 OF 2025 (GM-POL)

BETWEEN:

M/S JAYALAKSHMI ENTERPRISES, PROPRIETORSHIP CONCERN, HAVING ITS OFFICE AT NO. 406 & 407, KIADB SOMPURA INDUSTRIAL AREA DABASPET, NELAMANGALA TALUK,

BENGALURU RURAL DISTRICT-562 123. REP. BY ITS PROPRIETRIX SMT. ASHWINI D, W/O DEVARAJ, MOB: 8310977573 EMAIL:[email protected]

…PETITIONER

(BY SRI RAKESH B BHATT, ADVOCATE)

Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA

AND:

KARNATAKA STATE POLLUTION CONTROL BOARD, "PARISARA BHAVAN", 1^ST TO 5^TH FLOOR,

#49, CHURCH STREET, BANGALORE, KARNATAKA-560 001. REP. BY ITS CHAIRMAN.

SENIOR ENVIRONMENTAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD, BENGALURU, "PARISARA BHAVAN", 1^ST TO 5^TH FLOOR, NO. 49, CHURCH STREET, BANGALORE, KARNATAKA-560 001.

2 -

NC: 2025:KHC:22280-DB WP No. 14779 of 2025

HC-KAR

REP. BY ITS CHAIRMAN.

THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU-562 110.

…RESPONDENTS

(BY MS. RASHI SINGH, ADVOCATE FOR MR. A MAHESH CHOWDHARY, ADVOCATE FOR R-1 & 2; MS. NILOUFER AKBAR, AGA FOR R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER AND QUASH CLOSURE DIRECTION BEARING No. PCB/SEO-ENFCNP/CLOUSURE (WPC)/2024-25/391 DATED 28.03.2025 ISSUED BY 1^ST RESPONDENT (ANNEXURE-G) ETC.

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

CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI

ORAL ORDER

(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)

This petition has been filed with the following

prayers:

"a) Issue a writ of Certiorari or any other writ or order and quash Closure direction bearing No.PCB/SEOENF-CMP/Closure (WPC)/2024-25/391 dated 28.03.2025 issued by 1^st Respondent (Annexure G)

3 -

NC: 2025:KHC:22280-DB WP No. 14779 of 2025

HC-KAR

b) Issue a writ of Certiorari or any other writ or order and quash Closure direction bearing No.PCB/SEOENF-CMP/Closure (APC)/2024-25/392 dated 28.03.2025 issued by 1^st Respondent (Annexure H)

c) Consequently, Issue writ of certiorari or any other writ or order and quash the Official Memorandum bearing E Comp No.673856 File No.BRDCJUDI0MAG1/149/2025 dated 15.04.2025 issued by 3^rd respondent. (Annexure J)

d) Pass such other order as this Hon'ble Court deems fit in the interest of justice."

The grievance of the petitioner is that the respondents have directed the closure of the petitioner concern under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and also under the provisions of Section 31(A) of AIR (Prevention and Control of Pollution) Act, 1981 and the Rules made there under.

The only point urged by the learned counsel for the petitioner is that the principles of natural justice have been violated before the orders at Annexures-G and H dated 28.03.2025 were passed.

Learned counsel for the respondents would

submit that the petitioner concern was operating without

4 -

NC: 2025:KHC:22280-DB WP No. 14779 of 2025

HC-KAR

taking prior approval for establishment and operation and as such the action was taken.

This fact is not seriously contested by the learned counsel for the petitioner. Rather he states that the petitioner shall apply with the respondents for necessary approvals, within one week from today.

Learned counsel for the respondents states that if such application is made, the same shall be considered as expeditiously as possible preferably within six weeks from the date of receipt of the application. On this submission of the learned counsel for respondents the learned counsel for the petitioner states that the petition be disposed of. It is ordered accordingly.

Sd/(V KAMESWAR RAO)

ACTING CHIEF JUSTICE

Sd/(C M JOSHI) JUDGE

NR/-

List No.: 1 Sl No.: 2