- 1 - HC-KAR NC: 2025:KHC:42225-DB WP No. 31503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 31503 OF 2025 (GM-POL) BETWEEN: 1. MR. UTTAM DOLAI S/O BADALA AGED ABOUT 40 YEARS. NO.4 AND 5, 2ND AND 3RD FLOOR, SIDDESHWARA NILAYA, SIDDANNA LANE, CUBBONPET CROSS, BANGALORE-560002 …PETITIONER (BY SRI. MANJANNA M.S., ADVOCATE) AND: 1. THE KARNATAKA STATE POLLUTION CONTROL BOARD OFFICE AT PARISARA BHAVAN 1 TO 5TH FLOOR, NO.49, CHURCH STREET, BANGALORE-560001 REPRESENTED BY ITS CHAIRMAN. 2. THE MANAGING DIRECTOR, BESCOM KR CIRCLE, BANGALORE-560001 3. THE EXECUTIVE ENGINEER AND ASSISTANT EXECUTIVE ENGINEER Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42225-DB WP No. 31503 of 2025 BESCOM, CUBBONPET BANGALORE-560022 …RESPONDENTS (BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR RESPONDENT No.1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER BY SETTING ASIDE THE ORDER PASSED BY THE RESPONDENT No-1 DATED 06.08.2025 VIDE No.PCB/SEO-Enf-Cmp/CLOSURE ORDER-APC/20256/127 WHICH ARE AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, 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. Issue notice. 2. Shri A. Mahesh Chowdhary, learned counsel accepts notice for respondent No.1. - 3 - HC-KAR NC: 2025:KHC:42225-DB WP No. 31503 of 2025 3. The petitioner has filed the present petition impugning an order dated 06.08.2025 passed by respondent No.1 [KSPCB]. The operative part to the said order is set out as under: "ORDER In exercise of the powers conferred under Section 31 (A) of the Air (Prevention & Control of Pollution) Act, 1981, read with Rule 20(A) of Karnataka Air (Prevention & Control of pollution) Rules, 1983, the Karnataka State Pollution Control Board, hereby issues the following directions to; 1. The Occupier, Unnamed Gold and Silver ornaments making and melting units located at building No 4&5, IInd floor, Ganigara D Lane, Siddanna Lane, Ward No. 119, Cubbonpet, Bengaluru to close down the operation of the unit forthwith and until further orders. 2. The Deputy Commissioner, Bengaluru Urban, Bengaluru, to seize the unit activities forthwith and until further order. 3. The Managing Director Bengaluru Electricity Supply Company Ltd., K.R. Circle, Bengaluru-560001 to issue necessary direction to the concerned Executive Engineer and Asst Executive Engineer to disconnect the power supply to the above said unit forthwith and until further orders. 4. The Executive Engineer & Asst. Engineer, Executive Engg, BESCOM, Cubbonpet, Bengaluru to disconnect the power Supply to the above said unit with immediate effect and until further orders. "Draft approved by competent authority i.e Chairman" - 4 - HC-KAR NC: 2025:KHC:42225-DB WP No. 31503 of 2025 FOR AND ON BEHALF OF THE KARNATAKA STATE POLLUTION CONTROL BOARD BENGALURU-560001 Sd/- CHAIRMAN" 4. The petitioner states that he had been running a business of a silver and goldsmith in a rented premises. Pursuant to the impugned order, the electricity supply to the petitioner's rented premises has been disconnected. 5. The activities entail melting and polishing the precious metals. It is also alleged that the said activity entails use of Sulphuric and Nitric acid, which is then discharged in the sewage system. 6. There is no dispute that the said industry falls under 'Orange category', and the same would require the consent to operate [CTO]. 7. There is no material on record to indicate that the petitioner had secured the CTO. 8. The learned counsel appearing for KSPCB submits that the said discharge is extremely harmful and therefore, necessary - 5 - HC-KAR NC: 2025:KHC:42225-DB WP No. 31503 of 2025 measures are required to be put in place before such activity is carried out. 9. The said contention is disputed by the learned counsel for the petitioner. According to the learned counsel for the petitioner, he is not using unlimited sulphur dioxide or a mix of acids. He states that the acid and other material are put in a bowl and the same is not discharged in sewage systems. He also states that the quantity of the said material is barely one litre and therefore, there is no merit in the contention that the said activity is causing any pollution. Additionally, the learned counsel for the petitioner submits that there are several other units working in the same area, carrying on the same activity. 10. We have heard the learned counsel for the parties. 11. We do not propose to adjudicate any controversy regarding whether any of the activities carried on by the petitioner result in pollutants being discharged in the sewage system. Since it is not disputed that the industry falls in an orange category, it is necessary for the petitioner to obtain the CTO from KSPCB. - 6 - HC-KAR NC: 2025:KHC:42225-DB WP No. 31503 of 2025 12. Since the petitioner claims that no notice served on him, we consider it apposite to grant liberty to the petitioner to respond to the allegations made in the impugned order and also make a necessary application for obtaining the CTO. On receiving such response and an application, KSPCB would inspect the said unit and indicate the measures, if any, which are required to be taken by the petitioner. 13. Subject to the petitioner complying with the said conditions, the KSPCB shall process the petitioner's application for grant of CTO, in accordance with law. 14. We are also informed that the premises being used by the petitioner are also used for residential purpose. In these circumstances, we also grant liberty to the petitioner to furnish an undertaking to the effect that till the petitioner obtains the CTO, it shall not carry on any of the activities which are alleged to be violating the pollution norms. 15. On the petitioner furnishing such an undertaking to KSPCB, the electricity connection to the premises in question shall be restored. Needless to state that in the event the petitioner or any of - 7 - HC-KAR NC: 2025:KHC:42225-DB WP No. 31503 of 2025 the persons residing in the premises in question are found to violate the said undertaking, the KSPCB shall be at liberty to issue further directions. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS List No.: 1 Sl No.: 21