- 1 - HC-KAR CNR: KAHC010362672024 NC: 2026:KHC:43205-DB WP No. 17296 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 17296 OF 2024 (GM-POL) BETWEEN: 1. M/S KITTUR CHENNAMMA POULTRY FARM A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER SRI M. SIVARAM PRASAD S/O NARAYANA MURTHY AGED ABOUT 53 YEARS O/AT SY.NO.55A/B HONNAPUR VILLAGE KITTUR TALUK BELAGAVI DISTRICT - 591 115 …PETITIONER (BY SRI GANGADHAR D.C., ADVOCATE A/W SRI HARISH KUMAR M.S., ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS MEMBER SECRETARY PARISARA BHAVAN NO.49, CHURCH STREET BENGALURU - 560 001 2. THE ENVIRORNMENT OFFICER REGIONAL OFFICE BELAGAVI -1 Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010362672024 NC: 2026:KHC:43205-DB WP No. 17296 of 2024 KARNATAKA STATE POLLUTION CONTROL BOARD NO.1, MAIN ROAD AUTO NAGAR KANBARGI INDUSTRIAL AREA BELAGAVI - 590 015 …RESPONDENTS (BY SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO TAKE ANY COERCIVE ACTION LIKE WITHDRAWING THE COMBINED CONSENT ORDER No.AW 117187 DATED 09.07.2021, UNDER BOTH THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT 1974, AND THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981 VALID TILL 31.12.2035 GIVEN TO THE PETITIONER'S FIRM VIDE ANNEXURE-K TILL THE DISPOSAL OF THE APPEAL FILED BY THE PETITIONER IN APPEAL No.7/2024 PENDING CONSIDERATION BEFORE THE KARNATAKA STATE APPELLATE AUTHORITY (UNDER AIR AND WATER PREVENTION AND CONTROL OF POLLUTION ACTS) AT BENGALURU VIDE ANNEXURE-L & 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 MRS. JUSTICE K.S. HEMALEKHA 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 of Mandamus directing the Respondents not to take any coercive - 3 - HC-KAR CNR: KAHC010362672024 NC: 2026:KHC:43205-DB WP No. 17296 of 2024 action like withdrawing the Combined Consent Order No. AW 117187 dated 09- 07-2021, Under both the water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and control of pollution) act, 1981, valid till 31-12-2035 given to the Petitioner's firm vide Annexure-K till the disposal of the appeal filed by the petitioner in Appeal No.7/2024 pending consideration before the Karnataka State Appellate Authority (Under Air & Water prevention & Control of Pollution Acts) at Bengaluru vide Annexure- L; b) Issue such other writ / order / direction as deemed fit in the interest of justice." 2. The petitioner is essentially aggrieved by an order dated 31.05.2024, whereby, the petitioner was called upon and granted a last opportunity to make a payment of `8,68,000/- being the difference between the fees already paid and the fees as payable under the revised notifications and Board circulars. 3. The petitioner is a registered partnership firm and it operates a poultry farm. It had applied for a consent for establishment and consent for operation to the Karnataka State Pollution Control Board [KSPCB] under the Water (Prevention and Control of - 4 - HC-KAR CNR: KAHC010362672024 NC: 2026:KHC:43205-DB WP No. 17296 of 2024 Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, categorising the industry as a "green" industry. 4. Pursuant to the application, by an order dated 09.07.2021 the KSPCB granted the combined consent under both the enactments. The petitioner paid the requisite fee as was applicable under the Rules prevailing as on the date of grant of consent (i.e., as on 09.07.2021). 5. Thereafter, the concerned Rules were amended on 22.10.2021 enhancing the fee payable for the issuance of consent orders. Subsequently, on 14.12.2021, KSPCB issued a circular permitting the collection of the enhanced consent fee even from those industries, which had been granted consent prior to the amendment. 6. Thus, essentially the KSPCB seeks to recover the enhanced fee retrospectively from industries where consents had been granted prior to 22.10.2021. 7. The learned counsel appearing for the KSPCB fairly states that the retrospective enhancement of fees may not be permissible, - 5 - HC-KAR CNR: KAHC010362672024 NC: 2026:KHC:43205-DB WP No. 17296 of 2024 as there is no provision under the Act or under any of the enactments empowering the KSPCB to enhance the fee with retrospective effect. 8. We are unable to accept that the KSPCB has the jurisdiction to retrospectively enhance the fee by merely issuing the circular. Accordingly, the present petition is allowed and the respondents are restrained from recovering the enhanced fee in respect of the consents already granted prior to 22.10.2021 from the petitioner, till the disposal of the petitioner's appeal which is pending before the Karnataka State Appellate Authority. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 1 Sl No.: 12