- 1 - HC-KAR CNR: KAHC010180942026 NC: 2026:KHC:52556-DB WP No. 8244 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 8244 OF 2026 (GM-POL) BETWEEN: 1. MR. NAVEEN KUMAR JAIN AGED ABOUT 48 YEARS RESOLUTION PROFESSIONAL OF STELLENCE PHARMSCIENCE PVT. LTD. F-1, MILAP NAGAR, UTTAM NAGAR NEW DELHI - 110 059 …PETITIONER (BY SRI SHASHANK NAGENDRAN, ADVOCATE) AND: 1. THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAWANA 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU - 560 001 2. MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAWANA, 1ST TO 5TH FLOOR NO. 49, CHURCH STREET BENGALURU - 560 001 Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010180942026 NC: 2026:KHC:52556-DB WP No. 8244 of 2026 3. SENIOR ENVIRONMENTAL OFFICER REGIONAL OFFICE, BENGALURU SOUTH KARNATAKA STATE POLLUTION CONTROL BOARD NISARGA BHAVANA, 3RD FLOOR THIMMAIAH ROAD 7TH D MAIN, SHIVAJINAGAR BENGALURU - 560 079 4. STATE DRUGS CONTROLLER DRUGS CONTROL DEPARTMENT P.B. NO. 5377, PALACE ROAD BENGALURU - 560 001 …RESPONDENTS (BY SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO 3 & MS. NILOUFER AKBAR, AGA FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT AND DIRECTIONS TO DECLARE THE ORDER DATED 30/01/2024 AND NOTICES DATED 21/03/2024, 27/03/2024, 12/07/2024 AND DIRECTIONS DATED 07/08/2024 AND ANY CONSEQUENTIAL ORDERS AND MEASURES BY THE KARNATAKA STATE POLLUTION CONTROL BOARD AS NULL AND VOID ANNEXURES-D, C, B, K RESPECTIVELY & 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 impugning an order dated 30.01.2024, whereby the Karnataka State Pollution - 3 - HC-KAR CNR: KAHC010180942026 NC: 2026:KHC:52556-DB WP No. 8244 of 2026 Control Board [KSPCB] has declined the petitioner's application for grant of consent for operation. The impugned order has been issued in exercise of powers conferred under Section 25(4) B read with Section 27(2) B of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21(4) of the Air (Prevention and Control of Pollution) Act, 1981. The KSPCB denied the consent for the reason that the ambient air quality was found to be poor; the petitioner did not comply with the conditions as mentioned in the consent for operation and there was no proper storage facility for hazardous waste. 2. The learned counsel appearing for the petitioner submits that the petitioner is presently being managed by the Resolution Professional and that, at this stage, the petitioner is not in the position to incur the necessary expenditure for complying with the conditions imposed by KSPCB. He submits that the petitioner may be permitted to re-commence the manufacturing operations by discharging the affluent into a centralized affluent treatment plant. 3. The learned counsel appearing for the KSPCB points out that a similar relief had been sought for by the petitioner before the - 4 - HC-KAR CNR: KAHC010180942026 NC: 2026:KHC:52556-DB WP No. 8244 of 2026 National Company Law Tribunal and the same has been declined by an order dated 24.04.2026. There is no dispute that the conditions as imposed by the KSPCB are germane to the issue of pollution. 4. We are thus unable to accept that any interference with the impugned order is called for in these proceedings. However, it is open for the petitioner to make a representation to the KSPCB proposing measures of compliance and if the KSPCB is satisfied that the measures as indicated by the petitioner would suffice to meet the applicable environmental requirements on a temporary basis, the KSPCB is not precluded from issuing the necessary orders in accordance with law. 5. The petition is dismissed with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 2