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2026 DAILYLAW 34767 (KAR)

M/S KALYANA KARNATAKA WASTE MANAGEMENT PROJECT PRIVATE LIMITED v. THE KARNATAKA STATE POLLUTION CONTROL BOARD

WP/21688/2026 · 2026-08-03

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010482762026 NC: 2026:KHC:40333-DB WP No. 21688 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD 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. 21688 OF 2026 (GM-POL) BETWEEN: 1. M/S KALYANA KARNATAKA WASTE MANAGEMENT PROJECT PRIVATE LIMITED FORMERLY M/S. MOTHER EARTH ENVIRON TECH PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT (CIN:U39000KA2023PTC171808) REG. OFFICE/AT AT SURVEY NO.13 CHALLAGHATTA VILLAGE KENGERI HOBLI KUMBALAGODU BENGALURU SOUTH TALUK BENGALURU - 560 074 AND ITS FACILITY AT PLOT NOS. 158-164 KIADB KADECHUR INDUSTRIAL AREA REPRESENTED BY ITS AUTHORISED SIGNATORY SAIDAPURA HOBLI YADGIR TALUK AND DISTRICT - 585 221 SRI V.B. MADHU BABU …PETITIONER (BY SRI ANGAD KAMATH, ADVOCATE) AND: 1. THE KARNATAKA STATE POLLUTION CONTROL BOARD "PARISARA BHAVAN" Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010482762026 NC: 2026:KHC:40333-DB WP No. 21688 of 2026 NO.49, CHURCH STREET BENGALURU - 560 001 2. THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD "PARISARA BHAVAN" NO.49, CHURCH STREET BENGALURU - 560 001 3. THE ZONAL SENIOR ENVIRONMENTAL OFFICER (DESIGNATED (OFFICER) KSPCB, ZONAL OFFICE M.G.ROAD SANTRASWADI KALABURAGI - 585 101 4. THE ENVIRONMENTAL OFFICER / REGIONAL OFFICER KSPCB, REGIONAL OFFICE CHITTAPUR ROAD YADGIR - 585 202 …RESPONDENTS (BY SRI A. MAHESH CHOWDHARY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, CALLING FOR THE RECORDS AND QUASHING THE THREE CLOSURE ORDERS EACH DATED 01.06.2026, NAMELY THE ORDER UNDER SECTION 33A OF THE WATER ACT NO.../85 (ANNEXURE-A), THE ORDER UNDER SECTION 31A OF THE AIR ACT NO.../86 (ANNEXURE-B), AND THE ORDER UNDER SECTION5 OF THE EP ACT NO..../87 (ANNEXURE- C) & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010482762026 NC: 2026:KHC:40333-DB WP No. 21688 of 2026 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 impugning three closure orders, each dated 01.06.2026 issued by the Karnataka State Pollution Control Board [KSPCB]. The said orders set out the reasons for issuing the closure orders in exercise of the powers under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 read with Rule 34 of the Karnataka State Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) and the Water (Prevention and Control of Pollution) Rules, 1976; Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 read with Rule 20(A) of the Karnataka Air (Prevention and Control of Pollution) Rules, 1983; and Section 5 of the Environment (Protection) Act, 1986 read with Rule 4 of the Environment (Protection) Rules, 1986. 2. The impugned orders are based on factual findings and we are unable to accept that any interference with the said orders is - 4 - HC-KAR CNR: KAHC010482762026 NC: 2026:KHC:40333-DB WP No. 21688 of 2026 called for in the proceedings under Article 226 of the Constitution of India. 3. The learned counsel appearing for the petitioner fairly states that he do not press any relief against the impugned orders. However, prays that a Committee be constituted to look into the compliances and suggest the measures that may be required to be taken. 4. With the consent of the learned counsel appearing for the parties, we direct that a Committee comprising of three members, (1)Senior officer, Harazardous Waste Management Division, Central Pollution Control Board; (2)Senior Environmental Officer, KSPCB; and (3)the Member Secretary of the District Legal Services Authority, Yadagiri. 5. The Committee shall inspect the site and note the deficiencies and suggest the measures that may be required to address the said deficiencies. The Committee shall submit a report to KSPCB along with a copy of the same to be petitioner. The KSPCB shall examine the same and, thereafter communicate its - 5 - HC-KAR CNR: KAHC010482762026 NC: 2026:KHC:40333-DB WP No. 21688 of 2026 final observations to the petitioner. KSPCB is also liberty to inspect the unit independently. 6. Needless to state that if the petitioner complies with all of the observations communicated by KSPCB, and if petitioner's unit complies with the same, KSPCB shall take necessary steps to lift the closure. 7. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 14