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2025 DAILYLAW 48511 (KAR)

UMAPATHI S v. UNION OF INDIA

WP/24099/2025 · 2025-09-16

C M Joshi

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36680-DB WP No. 24099 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 24099 OF 2025 (GM-RES-PIL) BETWEEN: 1. UMAPATHI S S/O LATE M. SUBRAMANYAM AGED 56 YEARS, ADVOCATE LEX GROUP, NO.40, SNS PLAZA SHIVANANDA CIRCLE BANGALORE - 560 001 …PETITIONER (BY SRI UMAPATHI S., PETITIONER-PARTY-IN-PERSON) AND: 1. UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE (MoEF&CC) INDIRA PARYAVARAN BHAVAN JOR BAGH ROAD NEW DELHI - 110 003 2. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY GOVT OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560 001 3. THE STATE OF KARNATAKA REPRESENTED BY THE Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36680-DB WP No. 24099 of 2025 PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT GOVERNMENT OF KARNATAKA 6TH FLOOR, VIKASA SOUDHA BENGALURU - 560 001 4. CENTRAL POLLUTION CONTROL BOARD (CPCB) THROUGH ITS CHAIRPERSON PARIVESH BHAVAN EAST ARJUN NAGAR NEW DELHI - 110 032 5. KARNATAKA STATE POLLUTION CONTROL BOARD (KSPCB) THROUGH ITS CHAIRPERSON PARISARA BHAVAN #49, CHURCH STREET BANGALORE - 560 001 6. M/S. UDUPI POWER CORPORATION LTD. REGISTERED OFFICE AT YELLUR UDUPI TALUK UDUPI DISTRICT - 576 115 NOW MERGED WITH ADANI POWER LIMITED AND REPRESENTED BY ADANI POWER LIMITED BY ITS COMPANY SECRETARY HAVING ITS ADDRESS AT ADANI CORPORATE HOUSE SHANTIGRAM, NEAR VAISHNODEVI CIRCLE S.G. HIGHWAY, KHODIYAR AHMEDABAD, GUJARAT - 382 421. …RESPONDENTS (SRI. SHANTHI BHUSHAN H., DGSI FOR RESPONDENT No.1 SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.2 & 3) 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 APPROPRIATE WRIT DIRECTING RESPONDENT NO.4 NAMELY THE CENTRAL POLLUTION CONTROL BOARD TO RECOVER BALANCE AMOUNT OF RS.47,02,50,000/- CRORES FROM RESPONDENT NO.6 FOR THE DAMAGE CAUSED TO THE ENVIRONMENT, INCLUDING VIOLATIONS OF CONDITIONS - 3 - HC-KAR NC: 2025:KHC:36680-DB WP No. 24099 of 2025 AND DIRECTIONS, AND THE HEALTH IMPACT IN THE AFFECTED AREA OF UDUPI DISTRICT AS PER THE DIRECTIONS ISSUED BY THE NATIONAL GREEN TRIBUNAL IN O.A. NO.26/2013 AND OTHER CONNECTED MATTERS DATED 31/05/2022 VIDE ANNEXURE-A PARA 68 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, essentially for seeking enforcement of the directions issued by the National Green Tribunal, Southern Zone, Chennai [the NGT] in Original Application Nos.26/2013, 27/2013, 28/2013 with Appeal Nos.51/2012 and 86/2017. It is pointed out that the NGT has issued several directions including payment of environmental compensation of `52,02,50,000/-. However the said directions have not been complied with by respondent No.6. It is also stated that respondent No.6 has filed an SLP before the Supreme Court assailing the order passed by the NGT. However, has taken no steps for having the same listed. - 4 - HC-KAR NC: 2025:KHC:36680-DB WP No. 24099 of 2025 2. The petitioner appearing in person submits that in the aforesaid view, this Court should exercise its power under Article 226 of the Constitution to implement the said orders. 3. Clearly, the petitioner has remedies for enforcement of an order passed by a tribunal and, therefore, this Court does not consider it apposite to entertain the present petition. The same is, accordingly, dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 11