- 1 - HC-KAR NC: 2026:KHC:27908-DB WP No. 14149 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.14149 OF 2023 (GM-POL) BETWEEN: M/S. VENKATESHWARA BUILDERS A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT SURVEY NUMBER 2/1 AND 2/7, KUMBENA AGRAHARA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU, REPRESENTED BY ITS PARTNER. …PETITIONER (BY SRI KUSHAL GOWDA, ADVOCATE FOR SRI ABHINAY Y.T., ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD "PARISARA BHAVAN", #49, CHURCH STREET, BENGALURU - 560001 REPRESENTED BY ITS MEMBER SECRETARY. 2. ENVIRONMENTAL OFFICER, REGIONAL OFFICE, KARNATAKA STATE POLLUTION CONTROL BOARD, "NISARGA BHAVAN", Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27908-DB WP No. 14149 of 2023 III FLOOR, THIMMAIAH ROAD, 7TH D CROSS SHIVANAGAR, BENGALURU - 560079. …RESPONDENTS (BY SRI A. MAHESH CHOWDHARY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. PCB 30 INFRA NGT 2022/4722 DATED 14.10.2022 PASSED BY 1ST RESPONDENT (ANNEXURE - C) AND DEMAND DATED 20.02.2023 BEARING NO.PCB/RO-MDP/SV ELEGANT/NGT/EC NOTICE/2022-23/1616 (ANNEXURE-D) ISSUED BY 2ND RESPONDENT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the applications, I.A.Nos.1/2026 and 2/2026, the same are allowed. The delay of 483 days in filing the recall application is condoned, and the order dated 12.08.2024 is recalled. 2. Mr. A. Mahesh Chowdhary, learned counsel accepts notice for the respondents. - 3 - HC-KAR NC: 2026:KHC:27908-DB WP No. 14149 of 2023 3. The petitioner has filed the present petition, inter alia, impugning an order dated 14.10.2022 passed by respondent No.1 and the demand raised by respondent No.2 dated 20.02.2023, demanding Environmental Compensation of ` 46,12,500/- (Rupees Forty Six Lakhs Twelve Thousand Five Hundred only). 4. The learned counsel for the petitioner contends that there are no statutory provisions for levying the environmental compensation. Therefore, the impugned demand is liable to be set aside. He also refers to the decision of the Supreme Court in Delhi Pollution Control Committee Vs. Lodhi Property Co. Ltd.,1 to support his contention. 5. The learned counsel appearing for the Karnataka State Pollution Control Board [KSPCB] states that in view of the decision of the Supreme Court in Delhi Pollution Control Committee (supra) the compensatory charges would be imposed only after the procedures incorporating the basic principles of natural justice are included in a subordinate legislation. He concedes that, in the absence of a legislation framed in this regard, the compensatory 1 2025 SCC Online SC 1601 - 4 - HC-KAR NC: 2026:KHC:27908-DB WP No. 14149 of 2023 charges cannot be imposed. He also states that the process of framing the requisite subordinate legislation is currently underway and the demand, if any, will be enforced only in accordance with such subordinate legislation. 6. In view of the aforesaid statement, the impugned demand is set aside. However, it is clarified that it shall be open for the concerned authorities to raise a fresh demand in accordance with law. 7. The petition is accordingly disposed of. 8. The pending interlocutory application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE MBM List No.: 2 Sl No.: 18