- 1 - HC-KAR NC: 2025:KHC:49123-DB WP No. 18099 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. 18099 OF 2023 (GM-POL) BETWEEN: 1. MR. ANIL KAPUR S/O. LATE MR. BIJAY KUMAR KAPUR AGED ABOUT 56 YEARS RESIDING AT: LIFEBOAT ORGANIC FARM SURVEY NO.3 SULIKUNTE/CHOKKASANDRA ROAD CHOKKASANDRA VILLAGE BANGALORE - 560 099 2. MR. JAVED HAROON S/O. LATE MR. SYED ALI AGED ABOUT 60 YEARS RESIDING AT: GULMOHAR BAGH (FARM) SURVEY NO. 90/2 HUSKUR/DOMMASANDRA ROAD CHOKKASANDRA VILLAGE BANGALORE - 560 099 3. MRS. SWETHA GOWRI D/O. MR. SEETHARAMAN REDDY AGED ABOUT 42 YEARS RESIDING AT: SURVEY NO. 90 Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49123-DB WP No. 18099 of 2023 HAMSAH ORGANIC FARM SULIKUNTE/CHOKKASANDRA ROAD CHOKKASANDRA VILLAGE BANGALORE - 560 099 …PETITIONERS (BY SRI SURESH T.S., ADVOCATE) AND: 1. M/S. SHREEMIX CONCRETE INDIA PVT. LTD. CARRYING ON ITS BUSINESS AT: SY. NO. 86/1, 86/2 AND 86/3 CHOKKASANDRA VILLAGE SARJAPURA HOBLI ANEKAL TALUK BANGALORE - 560 099 ALSO AT: M/S. SHREEMIX CONCRETE INDIA PVT. LTD. CARRYING ON ITS BUSINESS AT SY. NO. 86/1, 86/2, AND 86/3 CHOKKASANDRA VILLAGE SARJAPURA HOBLI ANEKAL TALUK BANGALORE - 560 099 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. SRIDHAR REDDY 2. KARNATAKA STATE POLLUTION CONTROL BOARD BENGALURU SOUTH "NISARGA BHAVAN" 3RD FLOOR, THIMMAIAH ROAD 7TH 'D' CROSS, SHIVANAGAR BENGALURU - 560 010 REPRESENTED BY ITS CHAIRMAN - 3 - HC-KAR NC: 2025:KHC:49123-DB WP No. 18099 of 2023 3. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BENGALURU - 560 020 REPRESENTED BY ITS COMMISSIONER 4. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT XHCM+PXC, K.G. ROAD NEAR DISTRICT REGISTRAR OFFICE AMBEDKAR VEEDHI SAMPANGI RAMA NAGARA BENGALURU - 560 009 5. THE MANAGING DIRECTOR, BESCOM KR CIRCLE, NRUPATHUNGA ROAD NUNEGUNDLAPALLI AMBEDKAR VEEDHI BENGALURU KARNATAKA - 560 001 …RESPONDENTS (BY SMT. SHWETHA RAVISHANKAR, ADVOCATE FOR R-1, SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-2, SRI SACHIN B.S., ADVOCATE FOR R-3, SMT. NILOUFER AKBAR, AGA FOR R-4 & SMT. B.S. CHAITRA, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE COMBINED CONSENT ORDER No:AW-105164, DATED 01.12.2017 (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-105164, DATED 01.12.2017 (ATTACHED AS ANNEXURE-A) GRANTED TO THE RESPONDENT - 4 - HC-KAR NC: 2025:KHC:49123-DB WP No. 18099 of 2023 No.1 IN VIEW OF THE BLATANT VIOLATIONS OF THE VARIOUS CONDITIONS OF THE CONSENT & 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 that the Combined Consent order dated 01.12.2017 issued to respondent No.1 is illegal, as it has been issued in respect of a unit established on an agricultural land. The petitioners have further prayed for a direction to revoke the combined consent order. 2. The petitioners are essentially aggrieved by respondent No.1 operating an RMC unit in the land falling in Survey No. 86/2, Chokkasandra Village, Sarjapura Hubli, Anekal Taluk, Bengaluru Urban District and seeks that the operation of the said unit be closed. 3. The learned counsel appearing for Karnataka State Pollution Control Board [KSPCB], submits that a closure order dated - 5 - HC-KAR NC: 2025:KHC:49123-DB WP No. 18099 of 2023 04.10.2025 has already been issued and therefore the petitioners' grievance does not survive. 4. In view of the above, no further orders are required to be passed in this petition except to direct that if any application is made for revocation of the closure order, the KSPCB shall consider the same taking into account the allegations made in the present petition. 5. 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.: 27