- 1 - HC-KAR NC: 2025:KHC:49110-DB WP No. 17913 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 17913 OF 2023 (GM-POL) BETWEEN: 1. MR ANIL KAPUR S/O LATE MR BIJAY KUMAR KAPUR AGED ABOUT 56 YEARS R/AT LIFEBORAD ORGANIC FARM SURVEY NO 3 SULIKUNTE / CHOKKASANDRA ROAD CHOKKASANDRA VILLAGE BANGALORE 560009. 2. MR JAVEED HAROON S/O LATE MR SYED ALI AGED ABOUT 60 YEARS RA/T GULMOHAR BAGH (FARM) SURVEY NO 90/2 HUSKUR/ DOMMASANDRA ROAD CHOKKASANDRA VILLAGE BANGALORE 560099 3. SWETHA GOWRI D/O MR SEETHARAMAN REDDY AGED ABOUT 42 YEARS R/AT SURVEY NO 90 HAMSAH ORGANIC FARM SULIKUNTE/ CHOKKASANDRA ROAD Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49110-DB WP No. 17913 of 2023 CHOKKASANDRA VILLAGE BANGALORE 560099 …PETITIONERS (BY SRI. SURESH T S.,ADVOCATE) AND: 1. M/S MATHRU CONCRETE PROPRETORSHIP CONCERN CARRYING ON ITS BUSINESS AT SY NO 39/6, SULIKUNTE VILLAGE KODATHI GRAMA PANCHAYATH HUSKUR ROAD VARTHUR HOBLI BENGALURU 562125 REP BY ITS PROPRIETOR MR PILLA REDDY. 2. KARNATAKA STATE POLLUTION CONTROL BOARD BENGALURU SOUTH NISARGA BAHVAN 3RD FLOOR, THIMMAIAH ROAD 7TH D CROSS SHIVANAGAR BENGLAURU 560010 REP BY ITS CHIARMAN 3. BANGALORE DEVELDOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD BENGALURU 560020 REP BY ITS COMMISSIONER 4. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT XHMC + PXC - 3 - HC-KAR NC: 2025:KHC:49110-DB WP No. 17913 of 2023 KG ROAD NEAR DISTRICT REGISTRAR OFFICE AMBEDKAR VEEDHI SAMPANGI RAMA NAGARA BENGALURU 560009 5. THE MANAGING DIRECTOR BESOCM KR CIRCLE NRUPATHUNGA RD NUNGEDUNDLAPALLI AMBEDKAR VEEDHI BENGALURU KARNATAKA 560001 …RESPONDENTS (BY SMT. SHWETHA RAVISHANKAR, ADVOCATE FOR R1, SHRI A. MAHESH CHOWDHARY, ADVOCATE FOR R2, SHRI SACHIN B.S. ADVOCATE FOR R3, SMT. NILOUFER AKBAR, AGA FOR R4, SHRI K.S.N. RAJESH, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i)DECLARE THAT THE COMBINED CONSENT ORDER NO.AW-114419, DATED 24/09/2020 (ATTACHED AS ANNEXURE-A) IS ILLEGAL FOR HAVING BEEN ISSUED PENDING LAND CONVERSION, etc AND ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT, DIRECTING THE KARNATAKA STATE POLLUTION CONTROL BOARD, THE RESPONDENT NO.2 HEREIN TO REVOKE THE COMBINED CONSENT ORDER NO.AW-114419, DATED 24/09/2020 (ATTACHED AS - 4 - HC-KAR NC: 2025:KHC:49110-DB WP No. 17913 of 2023 ANNEXURE-A) GRANTED TO THE RESPONDENT NO.1 IN VIEW OF THE BLATANT VIOLATIONS OF THE VARIOUS CONDITIONS OF THE CONSENT AND 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. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition, inter alia praying as under: "1. Declare that the Combined Consent order No:AW-114419, dated 24.09.2020 (attached as Annexure-A) is illegal for having been issued pending land conversion, etc and issue a writ in the nature of Mandamus or any other Writ, directing the Karnataka State Pollution Control Board, the Respondent No.2 herein to revoke the Combined Consent order No:AW- 114419, dated 24.09.2020 (attached as Annexure-A) granted to the Respondent No.1 in view of the blatant violations of the various conditions of the consent. 2. Pass any other orders as this Hon'ble High Court of Karnataka may deem fit and appropriate in the facts and circumstances of the present case." - 5 - HC-KAR NC: 2025:KHC:49110-DB WP No. 17913 of 2023 2. It is the petitioners' case that a Combined Consent order was issued by respondent No.2 / Karnataka State Pollution Control Board [KSPCB] for permitting operation of the RMC plant in agricultural lands falling in Survey No. 39/6, Sulikunte Village, Kodathi Grama Panchayath, Huskur Road, Varthur Hobli, Bangalore. 3. Petitioners claim that the said order is required to be revoked and the operations of the said unit are required to be interdicted. Additionally, petitioners have also made allegations to the effect that the said units are generating a large amount of pollution and have not taken any measures for containing the same. 4. The learned counsel appearing for the KSPCB submits that a notice has been issued to the occupier / respondent No.1 and the hearing date is fixed on 02.12.2025. He submits that the issues flagged by the petitioners in the present petition would be considered and an informed decision would be taken. 5. In view of the above, we do not consider it apposite to pass any orders, at this stage. The KSPCB shall consider the allegations made in the present petition and take an informed decision in - 6 - HC-KAR NC: 2025:KHC:49110-DB WP No. 17913 of 2023 accordance with law. A representative of the petitioners may also be present on the date of the personal hearing scheduled on 02.12.2025, as the learned counsel for respondent No.1 states that respondent No.1 has no objection to the same. 6. Any order that may be passed by the KSPCB shall also be communicated to the petitioners. Needless to state that if the grievance of the petitioners persists, the petitioners are not precluded to avail their remedies, in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS List No.: 1 Sl No.: 26