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2020 Supreme(Kar) 2256

ABHAY S.OKA, ASHOK S.KINAGI
Seven Star Group – Appellant
Versus
Senior Environment Officer Karnataka State Pollution Control Board – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri Jayakumar S. Patil, Senior Counsel For Sri A Mohammed Tahir, Advocate
For the Respondent:Sri Gururaj Joshi, Advocate

ORDER :

Abhay S. Oka, J.

Considering the narrow controversy involved in these petitions, the same are taken up for final disposal.

2. A brief reference to the controversy involved in the petitions will be necessary.

In W.P.No.49489/2019, the challenge is to the Annexure-R which is the closure order dated 14th May 2018. The said order has been passed in purported exercise of powers under the Water (Prevention and Control of Pollution) Act, 1974 (for short ‘the Water Act’) and the Air (Prevention and Control of Pollution) Act, 1981 (for short ‘the Air Act’). The petitioner in this petition claims that it is engaged in the business of cold storage and meat processing. In the impugned order at Annexure-R, it was observed that the petitioner has violated Sections 25/26 of the Water Act and Section 21 of the Air Act. The impugned order which is issued in purported exercise of powers under Section 33A of the Water Act and Section 31A of the Air Act directs closure of the operation of the petitioner. Further direction has been issued to the Managing Director of HESCOM to withdraw the power supply to the petitioner.

3. As far as W.P.No.50434/2019 is concerned, the challenge is to the two orders

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