- 1 - HC-KAR NC: 2026:KHC:8628-DB WP No. 3766 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 3766 OF 2026 (GM-POL) BETWEEN: V. RANGANATH S/O R. VARDHA REDDY, AGED ABOUT 70 YEARS, R/O NO.551, 12TH CROSS, IDEAL HOMES SOCIETY LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE 560 098. …PETITIONER (BY SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE A/W SRI. SHRAVAN MADHAV K P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, ROOM NO. 709, 7TH FLOOR, GATE NO. 4, M. S. BUILDING, BANGALORE - 560 001 2. SENIOR ENVIRONMENTAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD, ZONAL OFFICE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8628-DB WP No. 3766 of 2026 BANGALORE CITY, 3RD FLOOR, NISARGA BHAVAN, 7TH D CROSS, THIMMAIAH ROAD, SHIVANAGAR, BANGALORE 560 079 3. REGIONAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE BANGALORE CITY WEST, 1ST FLOOR, NISARGA BHAVAN, 7TH D CROSS, THIMMAIAH ROAD, SHIVANAGAR, BANGALORE 560 079 4. THE CHAIRMAN, KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVAN, 1ST TO 5TH FLOOR, NO.49, CHURCH STREET, BANGALORE 560 001 5. THE ENVIRONMENTAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, BENGALURU CITY WEST, 1ST FLOOR, D CROSS, THIMMAIAH ROAD, SHIVANAGAR, BENGALURU 560 079 6. KARNATAKA STATE POLLUTION CONTROL BOARD CENTRAL ENVIRONMENTAL LABORATORY REPRESENTED BY ITS AUTHORIZED OFFICER, KSPCB, NISARGA BHAVANA, 7TH D CROSS, THIMMAIAH ROAD, SHIVANAGAR, BENGALURU 560 079 - 3 - HC-KAR NC: 2026:KHC:8628-DB WP No. 3766 of 2026 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 SRI. A. MAHESH CHOWDHARY, ADVCOATE FOR R2 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE IMPUGNED ORDER DATED 23.12.2025 BEARING No. PCB/218/CNP/2017/2024-25/3882 ISSUED BY THE RESPONDENT No. 4 (AT ANNEXURE-AV) AND 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 petitioner has filed the present petition, inter alia, praying as under: A. Issue a writ in the nature of certiorari or any other writ or order quashing the impugned Order dated 23.12.2025 bearing No. PCB/218/CNP/2017/2024-25/3882 issued by Respondent No.4 (at ANNEXURE - AV); B. Pass any other order or direction as this Hon'ble court deems fit in view of the facts and circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:8628-DB WP No. 3766 of 2026 2. A plain reading of the impugned Order dated 23.12.2025 indicates that they are minutes of proceedings of the personal hearing afforded to the petitioner by the Karnataka State Pollution Control Board. The said minutes record the context as well as the deliberations. The said minutes also record the following decisions. Decision The Presiding Officer heard the opinion of officers of the Board, the complainant and project Proponent and took cognizance of the above facts. After hearing, the Presiding Officer issued the following directions 1. The Project authorities shall pay the EC charges of Rs. 68,62,500/- levied on 17.01.2024 and another EC of Rs. 42,37,500/- levied on 24.07.2024 for the non-compliances, total EC charges of Rs. 1,11,00,022/-(One Crore Eleven Lakh and twenty Two Rupees only) to the Board immediately. 2. The Officers of the Board shall take necessary action to vacate the interim stay in the High court on CC filed by the Board and proceed legal action against project authorities in the Court for the recorded non-compliances. [sic] 3. The petitioner is essentially aggrieved by the decision of imposition of compensatory charges. The petitioner contends that there is no statutory framework for levying of compensation and therefore, the impugned order is liable to be set aside. The learned counsel also referred to the decision of the Supreme Court in Delhi - 5 - HC-KAR NC: 2026:KHC:8628-DB WP No. 3766 of 2026 Pollution Control Committee v. Doty Property Co. Ltd.; 2025 SCC Online SC 1601 in support of the said contention.. 4. The learned counsel appearing for KSPCB submits that what is stated to be an impugned order is in fact only deliberations and minutes of a meeting; no final order has been issued by KSPCB as yet. He also readily concedes that in view of the decision of the Supreme Court in Delhi Pollution Control Committee (supra), the compensatory charges can be enforced only after principles and procedure incorporating basic principles of natural justice are included in a subordinate legislation. He also accepts that in the absence of any legislation framed in this regard, the compensatory charges cannot be enforced. He submits that the relevant authorities are in the process of framing an appropriate subordinate legislation and a demand, if any, will be enforced only in accordance with such delegated legislation. 5. In view of the statement, made on behalf of KSPCB that the demand for compensatory charges will not be enforced, except in accordance with a subordinate legislation, no orders are required to be passed in this petition. - 6 - HC-KAR NC: 2026:KHC:8628-DB WP No. 3766 of 2026 6. The petition is disposed of with the aforesaid observations. 7. All rights and contentions of the parties are reserved. 8. Pending applications, if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE Vmb List No.: 2 Sl No.: 19