- 1 - HC-KAR NC: 2025:KHC:34052-DB WP No. 20358 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST 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. 20358 OF 2023 (GM-POL) BETWEEN: 1. M/S SAIFY IND No.49/A1, BOMMASANDRA INDUSTRIAL AREA ATTIBLE HOBLI, ANEKAL TALUK BANGALORE - 560 099 REPRESENTED BY ITS PROPRIETOR - KHOZEMA VAHANWALA. …PETITIONER (BY SRI. P ANAND, ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA 1ST TO 5TH FLOOR, NO.49 CHURCH STREET, BENGALURU - 560 001 REPRESENTED BY ITS MEMBER SECRETARY. 2. THE ENVIRONMENTAL OFFICE KARNATAKA STATE POLLUTION CONTROL BOARD REGIONAL OFFICE: BANGALORE ANEKAL 2ND FLOOR, "NISARGA BHAVAN" Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34052-DB WP No. 20358 of 2023 7TH 'D' CROSS, THIMMAIAH ROAD SANGEGORAVANAHALLI SHIVANAGAR BENGALURU - 560 010. …RESPONDENTS (BY SRI A. MAHESH CHOWDHARY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/DEMAND NOTICE DATED 13.07.2023 BEARING No.PCB/RO(SJR)/EC/2024/458 ISSUED RESPONDENT No. 2 DIRECTING THE PETITIONER TO PAY AN ENVIRONMENT COMPENSATION OF Rs.48,60,000/- (RUPEES FORTY EIGHT LAKH SIXTY THOUSAND ONLY) IN (ANNEXURE-A) & 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. Issue notice. 2. Mr. A. Mahesh Chowdhary, the learned counsel accepts notice for the respondents. - 3 - HC-KAR NC: 2025:KHC:34052-DB WP No. 20358 of 2023 3. The petitioner has filed the present petition, inter alia, impugning the demand notice dated 13.07.2023 for an amount of `48,60,000/- [Forty Eight Lakhs and Sixty Thousand only]. 4. It is the petitioner's contention that the said demand notice for environmental compensation has been issued without disclosing the basis for the same and without affording the petitioner an opportunity of being heard. 5. The learned counsel for the parties state that the issue raised is covered by a decision of this Court in M/s.Sansera Engineering Limited v. The Karnataka State Pollution Control Board and other connected matters : NC:2024:KHC:31890-DB. 6. The operative part of the said decision reads as under: "(i) The respective cases are remitted back to the respondent-Karnataka State Pollution Control Board. (ii) In each petition, the Demand Notice which are detailed in the tabular form in paragraph 7 shall be treated as show-cause-notice issued by the State Pollution Control Board. - 4 - HC-KAR NC: 2025:KHC:34052-DB WP No. 20358 of 2023 (iii) The petitioner concerned shall be permitted to file its reply which may be filed within two weeks from the date of receipt of the present order. (iv) The respondent-State Pollution Control Board shall consider the reply and the defence of the respective petitioners. (v) The Board shall give them opportunity of hearing. (vi) The Board shall intimate the date to the petitioner concerned in this regard. (vii) The petitioners shall be entitled to raise all the contentions, both on facts and in law, against the impugned Demand Notices asking for payment of Interim Environmental Compensation. (viii) The respondent-State Pollution Control Board after affording opportunity to the petitioners, as above, shall pass appropriate orders in accordance with law. (ix) The entire exercise shall be completed within a total period of ten weeks from the date of receipt of the order. (x) In order to enable the State Pollution Control Board to undertake the aforesaid exercise of treating the Demand Notices, to be show-cause-notices and giving opportunity to the petitioners of having heard and pass fresh orders, the Demand Notices impugned in each of the respective petitions are hereby set aside." 7. In view of the above, we consider it apposite to dispose of the present petition in similar terms as set out above. The impugned demand notice is set aside and the same would be considered as show cause notice as directed. - 5 - HC-KAR NC: 2025:KHC:34052-DB WP No. 20358 of 2023 8. Respondent No.1 shall pass an appropriate order after affording the petitioner an opportunity to be heard. 9. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS List No.: 1 Sl No.: 30