- 1 - HC-KAR NC: 2025:KHC:21033 WP No. 16609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16609 OF 2025 (GM-FOR) BETWEEN: 1. SMT SWARNALATHA P JAIN AGED ABOUT 47 YEARS, W/O PARSHWANATH JAIN, SHREYASAMYAK, BY PASS ROAD, HERIANGADI KARKALA 574 104 UDUPI DISTRICT. …PETITIONER (BY SRI. K CHANDRANATH ARIGA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF FOREST VIKASA SOUDHA DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE RANGE FOREST OFFICER KARKALA RANGE KARKALA 574 104 UDUPI DISTRICT. 3. THE DEPUTY CONSERVATOR OF FOREST KUNDAPURA SUB-DIVISION, KUNDAPURA - 576 201, UDUPI DISTRICT. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21033 WP No. 16609 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO RENEW THE SAW MILL LICENSE PURSUANT TO THE APPLICATION DATED 30.03.2025 (ANNEXURE -C). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for direction to respondent no.3 to renew the Saw Mill License pursuant to the application dated 30.03.2025 at Annexure-C. 2. Petitioner has also sought for setting aside of the communication dated 30.05.2025 at Annexure-H addressed to the petitioner which petitioner submits is in the nature of endorsement. 3. The case of the petitioner is that petitioner is running a Saw Mill with due license and the license has been renewed. The petitioner submits that the renewal was sought for the period between 2025-2030. 4. In light of requirement of 'No Objection Certificate' from the Pollution Control Board, upon petitioner's request, Pollution Control Board has inspected the premises and - 3 - HC-KAR NC: 2025:KHC:21033 WP No. 16609 of 2025 recorded a finding that the noise emanated is within the permissible limit. Annexure-G is the stand of the Pollution Control Board. In terms of Annexure-G, it is apparent that the noise emanated is within the limits. 5. It is further relevant to note that the complaint was also taken note of while making communication at Annexure-G. It is further submitted that 'No Objection Certificate' from the Karkala Town Panchayat has been obtained at Annexure-A. 6. It is submitted that all procedural formalities having been fulfilled, the only ground on which renewal has been detained is the complaint stated to have been pending in the Prime Minister's Portal. 7. Learned Counsel for petitioner submits that once statutory formalities are complied with and 'No Objection Certificate' has been obtained from the Karkala Town Panchayat and that the Pollution Control Board has clarified that the noise pollution that is emanated is within the limits prescribed, the authorities ought to have renewed the license. - 4 - HC-KAR NC: 2025:KHC:21033 WP No. 16609 of 2025 8. It is further submitted that the complaint is pending is a matter that could be taken note of after the commencement of the business of the Saw Mill. 9. Learned Additional Government Advocate submits that the matter is pending in terms of the communication made by the Range Forest Officer, Karakala Range at Annexure-H. 10. It is noticed that once statutory requirements are complied with and any order withholding the license based on the complaint of third person may not be appropriate in light of their grievance regarding noise pollution having been ruled out by virtue of the communication at Annexure-F. If, otherwise, application is in order and other formalities have been fulfilled, necessary order for renewal is to be passed within a period of 10 days from today. 11. Needles to state, upon running of the Saw Mill, if there is any lapse, it is always open for the authorities to take action but that cannot be a ground to decline renewal of license. It is always open for the Pollution Control Board to - 5 - HC-KAR NC: 2025:KHC:21033 WP No. 16609 of 2025 prima-facie satisfy that the noise emanated is within the limits after the unit starts functioning and if complaint is made. 12. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP List No.: 1 Sl No.: 33