- 1 - HC-KAR NC: 2025:KHC:32148-DB WP No. 12524 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 12524 OF 2024 (GM-POL-PIL) BETWEEN: HUNACHIRAYA MOTGI (KESHAV), S/O SHARANAPPA MOTGI, AGED ABOUT 46 YEARS, OCC: SOCIAL WORKER/GENERAL SECRETARY NANDI ANIMA WEFARE SOCIETY OF GULBARGA, EX. MEMBER OF KARNATAKA ANIMAL WELFARE BOARD, MINISTRY OF ANIMAL HUSBANDARY AND VETERINARY SERVICE, GOVERNMENT OF KARNATAKA, NOW VICE PRESIDENT OF KARNATAKA GO-MATA SAHAKARA SANGHA NIYAMITH, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SERVICE, GOVERNMENT OF KARNATAKA, C/O: R/O: PLOT NO.123, GODUTAI NAGAR, NEW JEWARGI ROAD, KALABURAGI-585 102, CELL NO. 9611230718 & 9448595564. …PETITIONER (BY SRI VENKATESH.P DALWAI, ADVOCATE A/W SRI RAVINDRANATH K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32148-DB WP No. 12524 of 2024 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M S BUILDING, BENGALURU-560 001. 3. STATE OF KARNATAKA, THROUGH ITS PRL. SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S BUILDING, BENGALURU-560 001. 4. THE CHAIRMAN, KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVANA, 1ST TO 5TH FLOOR, #49 CHURCH STREET, BENGALURU-560 001. 5. THE MEMBER SECRETARY, KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVANA, 1ST TO 5TH FLOOR, #49 CHURCH STREET, BENGALURU-560 001. 6. THE DEPUTY COMMISSIONER/CHAIRPERSON, SOCIETY FOR PREVENTION OF CRUELTY ANIMALS AND CHAIRMAN TO AIRPORT AUTHORITY, KALABURGI, MINI VIDHANA SOUDHA, KALABURAGI-585 102. 7. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, VICE CHAIRPERSON, SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS COMMITTEE, KALABURAGI, JAGAT CIRCLE, KALABURAGI-585 102. 8. THE DEPUTY DIRECTOR, DEPARTMENT OF ANIMAL HUSBANDARY AND VETERINARY SERVICES, KALABURAGI AND MEMBER SECRETARY, SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS, SEDAM ROAD, KALABURAGI-585 302. - 3 - HC-KAR NC: 2025:KHC:32148-DB WP No. 12524 of 2024 9. THE ENVIRONMENTAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, KALABURAGI-585 101. 10. THE EXECUTIVE OFFICER, TALUK PANCHAYAT, AIWAN-E-SHAHI ROAD, KALABURAGI-585 211. 11. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, BHUPAL TEGNOOR, TQ AND DISTRICT: KALABURAGI-585 107. 12. M/S MAM AGRO FOOD, H NO.86, 4TH CROSS BEHIND, MSK, MILL, HUSSAINI GARDEN, KALABURAGI-585 103. 13. 14. M/S FAIR EXPORT (INDIA) PRIVATE LIMITED-501, MADHAVA BANDRA, KURLA COMPLEX, BANDRA-EAST, MUMBAI-400 051. MINISTRY OF CIVIL AVIATION, DCRG, RAJIV GANDHI BHAWAN, BLOCK-B, JORBAGH SAFDARJUNG, AIRPORT AREA, NEW DELHI-110 003. (AMENDED AS PER THE ORDER DATED 03.12.2024) …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 3, 6 TO 8, 10 & 11; SRI MAHESH A CHOWDHARY, ADVOCATE FOR R-4, 5 & 9; SRI SHIVAPRAKASH SHIVAYOGIMATH, ADVOCATE FOR SRI KRUPA SAGAR PATIL, ADVOCATE FOR R-7, 10 & 11; SRI DHYAN CHINNAPPA, SENIOR ADVOCATE A/W SRI PRADYUMNA L NARASIMHA, ADVOCATE FOR MS. SANJANA RAO, ADVOCATE FOR R-13; SRI H SHANTHI BHUSHAN, DSGI A/W SRI VINAY VENUGOPAL, CGC FOR R-14; R-12 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, 1950 R/W RULE 14(1) OF HIGH COURT KARNATAKA (PUBLIC LITIGATION) RULES 2018 PRAYING - 4 - HC-KAR NC: 2025:KHC:32148-DB WP No. 12524 of 2024 TO ISSUE A WRIT OF CERTIORARI / DIRECTION/ ORDER, QUASHING THE ORDER PASSED BY THE RESPONDENT No-5 IN FILE No.PCB/WMC-1/03/MSW/2016/2022-23/3829 DATED 28.02.2024 VIDE ANNEXURE-A TO THE WRIT PEITITON 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. The petitioner has filed the present Public Interest Litigation, inter alia, praying as below: “A) Issue Writ of certiorari/direction/order, quashing the order passed by the passed by respondent No.5 in FILE NO. PCB/WMC-1/03/MSW/2016/2022-23/3829 Dated 28.02.2024 vide ANNEXURE-A to the writ petition. B) Issue any other order/direction, directing the respondent authorities, in the above matter, to act upon in an responsible manner, very strictly getting followed the Water/Air (prevention control of pollution) Act and thereby protect the precious life of animals in this part of area, looking at the reports submitted by the respondent No.8 bearing No. Unika/papE/Technical/Co.No.2021-22/4112 dated 10.02.2022 vide ANNEXURE-L to the writ petition. C) Under the facts and circumstances narrated above, if this Hon'ble Court comes to the conclusion that the respondent authorities are not justified in getting passed revocation order of closure directions in favour of respondent No.12, the cost of the present writ petition may kindly be awarded as against all the respondents, to meet the ends of justice and equity." - 5 - HC-KAR NC: 2025:KHC:32148-DB WP No. 12524 of 2024 2. The petitioner impugns an order dated 28.02.2024, whereby the closure direction issued by the Karnataka State Pollution Control Board [KSPCB] under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 31A of the Air (Prevention & Control of Pollution) Act, 1981 in respect of the industrial establishment of respondent No.12 (subsequently taken over respondent 13) was revoked. 3. The petitioner contends that the revocation order is illegal as the petitioner was not afforded an opportunity of being heard. 4. The petitioner is not a party to the proceedings initiated against establishment in question. The orders of suspension/closure were issued in exercise of statutory powers and the question whether permission is to be granted is a matter, essentially, between the concerned industry and the concerned authorities. There is no requirement to afford the petitioner any opportunity of being heard in the proceedings conducted before passing the impugned order. 5. It is noted that the KSPCB had issued a closure order dated 04.07.2023 pursuant to a site inspection conducted on 20.01.2023. The closure order also indicates that an inspection was carried out - 6 - HC-KAR NC: 2025:KHC:32148-DB WP No. 12524 of 2024 on 05.07.2022 and the industry was directed to submit: (1) action plan on treated water utilization; (2) storm water management plan; and (3) clearance from Gulbarga Airport Authority. Allegedly, the said industry [respondent No.12] had not complied with the said conditions. Thereafter, representation was made by respondent No.12, inter alia, stating that the industry in question was taken over by respondent No.13, M/s. Fair Export (India) Private Limited. It also reported that the necessary permission had been obtained regarding conversion of land to the extent of 12 acres for industrial use from the Deputy Commissioner, Kalaburagi, for setting up a modern abattoir. The site in question is located 5(five) kilometers from the Kalaburagi City. The impugned order also records the following observations: "1. The industry was closed and not in operation. 2. It is reported by the industry authorities that the entire facility has been taken over by M/s Fair Exports India Pvt. Ltd. and agreement as per the legal norms is under process. 3. Industry authorities have obtained industrial land conversion from the Deputy commissioner, Kalburgi for an extent of 12 Acre (Sy.No.41/1-6 Acres and SY.No.41/2-6 Acres Total - 12 Acres) for setting up of modern abettors. The site is located at a distance of about 5KM from the Kalburgi city. 4. As per the CFE conditions, unit has installed aerobic and anaerobic treatment for waste water with a capacity of 400KLD ETP. Industry authorities have installed ETP of capacity 400KLD - 7 - HC-KAR NC: 2025:KHC:32148-DB WP No. 12524 of 2024 to treat industrial effluent generated form the process. ETP is ready for commissioning. 5. The industrial authorities has installed Rendering plant for fats and bone for processing by providing adequate air pollution control measures (cyclone with dust collector) with chimney of height 30m AGL. 6. The treated waste water will be disposed for onland for gardening and irrigation within the 17620 Sqm open land available in the premises. 2.5KLD off domestic waste water generated is disposed to Septic tank and soak pit. 7. Entire area of the plant and process areas and internal roads have been concreted. 8. Plantation has been developed at the periphery of the unit. 9. The industry has already submitted the affidavit to comply with cow slaughter and cattle prevention Act, 1964 same has been uploaded. The industrial authorities have been informed to submit undertaking/ Affidavit to comply with stipulations of the government of Karnataka gazetted Notification Dtd. 15.02.2021 namely the Karnataka Prevention of Slaughter and Prevention of Cattle Act, 2020." 6. In view of the above, the Zonal Senior Environmental Officer, Kalaburagi, had recommended that the closure order be revoked. 7. It is apparent from the observations as noted above that respondent No.13 was found to be compliant with the requisite laws. 8. Insofar as the direction to obtain clearance from Gulbarga Airport Authority is concerned, the learned counsel appearing for respondent No.14 [Ministry of Civil Aviation] submits that the site in question is located more than 11.3 kilometers away from the - 8 - HC-KAR NC: 2025:KHC:32148-DB WP No. 12524 of 2024 aerodrome reference point. Thus, the same does not fall foul of Rule 91 of the Aircraft Rules, 1937, which prescribes that a slaughterhouse not to be located within the radius of 10 kilometers from the aerodrome. He also submits that in terms of Rule 137 of the Bharatiya Vayuyan Niyam, 2025, is in similar terms as in Rule 91 of the Aircraft Rules, 1937. Therefore, permission of the Gulbarga Airport Authority is not required. 9. In view of the above, we find no grounds to fault the impugned order. The petition is accordingly closed. 10. Pending applications, if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 57