- 1 - HC-KAR NC: 2025:KHC:34051-DB WP No. 20539 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. 20539 OF 2023 (GM-POL) BETWEEN: 1. M/S SAIFY IND PLANT 3, PLOT NO.75, JIGANI INDUSTRIAL AREA ANEKAL TALUK BANGALORE URBAN DISTRICT-560099 REPRESENTED BY ITS PROPRIETOR MR KHOZEN VAHAANWALA …PETITIONER (BY SRI. P ANAND.,ADVOCATE) AND: 1. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA, 1ST TO 5TH FLOOR, NO.49, CHURCH STREET BENGALURU-560001 REPRESENTED BY ITS MEMBER SECRETARY Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34051-DB WP No. 20539 of 2023 2. THE ENVIRONMENTAL OFFICE KARNATAKA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE BANGALORE ANEKAL, 2ND FLOOR, NISARGA BHAVAN, 7TH D CROSS THIMMAIAH ROAD SANGEGORAVANAHALLI, SHIVANAGAR, BENGALURU-560010 …RESPONDENTS (BY SRI. A.MAHESH CHOWDHARAY,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/DEMAND NOTICE DATED 12.07.2023 BEARING No. PCB/RO-ANEKAL/2023-24/514 ISSUED RESPONDENT No. 2 DIRECTING THE PETITIONER TO PAY AN ENVIRONMENT COMPENSATION OF Rs.4,04,10,000/- (RUPEES FOUR CRORE FOUR LAKH TEN THOUSAND) (IN ANNEXURE- A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34051-DB WP No. 20539 of 2023 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, inter alia, impugning the demand notice dated 12.07.2023 for an amount of `4,04,10,000/- [Four Crores Four Lakhs and Ten Thousand only]. 2. 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. 3. 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. 4. 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. - 4 - HC-KAR NC: 2025:KHC:34051-DB WP No. 20539 of 2023 (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. (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." - 5 - HC-KAR NC: 2025:KHC:34051-DB WP No. 20539 of 2023 5. 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. 6. Respondent No.1 shall pass an appropriate order after affording the petitioner an opportunity to be heard. 7. 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.: 82