- 1 - HC-KAR NC: 2025:KHC:44295-DB WP No. 1923 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD 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. 1923 OF 2024 (GM-POL) BETWEEN: 1. M/S. MYSORE FRUIT PRODUCT PRIVATE LIMITED SY. No. 39-69, VEERASANDRA VILLAGE HOSUR ROAD, ATTIBELE HOBLI ANEKAL TALUK BANGALORE URBAN DISTRICT - 560 100 REPRESENTED BY ITS DIRECTOR TEJESHWARI …PETITIONER (BY SRI CHANDRASHEKARA R, ADVOCATE FOR SRI JAYASIMHA K.P, ADVOCATE) AND: 1. THE REGIONAL OFFICER OFFICE OF THE REGIONAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD SARJAPURA, NISARGA BHAVAN II FLOOR, THIMMAIAH ROAD 7TH D MAIN, SHIVANAGAR OPPOSITE PUSHPANJALI THEATRE BANGALORE - 560 010 2. THE SCIENTIFIC OFFICER OFFICE OF THE REGIONAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD NISARGA BHAVAN, II FLOOR, THIMMAIAH ROAD, 7TH D MAIN, SHIVANAGAR, PUSHPANJALI THEATRE BANGALORE - 560 010 Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44295-DB WP No. 1923 of 2024 3. OFFICE OF THE SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD BANGALORE SOUTH NISARGA BHAVAN, II FLOOR THIMMAIAH ROAD, 7TH D MAIN SHIVANAGAR, OPPOSITE PUSHPANJALI THEATRE BANGALORE - 560 010 4. THE ENVIRONMENTAL OFFICER OFFICE OF THE REGIONAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD NISARGA BHAVAN, II FLOOR THIMMAIAH ROAD, 7TH D MAIN BENGALURU, BOMMANAHALLI SHIVANAGAR, OPPOSITE PUSHPANJALI THEATRE BANGALORE - 560 010 5. SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, 1 TO 5TH FLOOR No.49, CHURCH STREET BANGALORE - 560 001 …RESPONDENTS (BY SRI A.MAHESH CHOWDHARY, ADVOCATE - ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER/DEMAND NOTICE DATED 31.01.2020 BEARING REF No. KSPCB/RO-SRJ/CEPI /ENV.Compensation/2019-20/927 IMPOSING AS INTERIM ENVIRONMENTAL COMPENSATION (EC) OF Rs. 1 CRORE FOR THE NON COMPLIANCES UNDER THE PROVISION OF WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974, AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 AND ENVIRONMENT (PROTECTION) ACT, 1986 PASSED BY THE RESPONDENTS. IT IS MARKED AS ANNEXURE-B & ETC. - 3 - HC-KAR NC: 2025:KHC:44295-DB WP No. 1923 of 2024 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 petitioner has filed the present petition impugning an order dated 31.01.2020 imposing Environmental Compensation of Rs.1 Crore for non-compliances under the provision of the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986. 2. The petitioner also assails notices dated 13.07.2023 and 05.01.2024 demanding environmental compensation. 3. It is contended on behalf of the petitioner that the petitioner was not heard before the impugned demand notices were issued. 4. On the previous date of hearing held on 30.10.2025, the learned counsel appearing for the respondents had referred to the decision of this Court in batch of writ petitions that was disposed of - 4 - HC-KAR NC: 2025:KHC:44295-DB WP No. 1923 of 2024 by an order dated 04.07.2024 in W.P.No.5389/2020 and connected matters, NC:2024:KHC:31890-DB. 5. The learned counsel appearing for the petitioner had sought time to examine whether the present petition could be disposed of in terms of the directions issued in the said order. 6. The learned counsel for the petitioner submits that he accepts the contention of the learned counsel for the respondent that the present petition be also disposed of in terms of paragraph 5.1 of the said decision. 7. Paragraph 5.1 of the aforesaid decision (NC:2024:KHC:31890-DB) is set out below: "5.1 The below-mentioned directions are issued, (i) The respective cases are remitted back to the respondent-Karnataka State Pollution Control Board. (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. - 5 - HC-KAR NC: 2025:KHC:44295-DB WP No. 1923 of 2024 (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." 8. In view of the above, we consider it apposite to accept the respondent's contention and dispose of the present petition with similar directions as set out in paragraph 5.1 of the decision in (NC:2024:KHC:31890-DB) as set out above. - 6 - HC-KAR NC: 2025:KHC:44295-DB WP No. 1923 of 2024 9. The petition is disposed of with the aforesaid directions. 10. We also clarify that this Court has neither examined the merits of the allegations nor expressed any opinion on the same. All rights and contentions of the parties are reserved and nothing expressed in this order be construed as opinion, prima facie or otherwise, in respect of the averments set out in the present petition. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 1 Sl No.: 38