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2021 Supreme(Kar) 583

RAVI V.HOSMANI
Karnataka State Pollution Control Board – Appellant
Versus
D. K. Enterprises – Respondent


Advocates:
Advocate Appeared:
For the Appellant :G.I. Gachchinamath, Advocate
For the Respondents:Dattatraya J. Naik, Advocate

JUDGMENT :

Ravi V. Hosmani, J.

1. Since all these appeals involve similar facts, common provisions and the same complainant and are decided by the trial Court on common question of law, they were connected and heard together. Hence, they are taken up for common disposal. For the sake of convenience, the facts pertaining to Criminal Appeal No. 100160/2014 only are referred hereinafter.

2. A private complaint under Section 200 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.) came to be filed by the Karnataka State Pollution Control Board against the accused on 29.06.2006 stating that the complainant is a statutory body constituted under Section 5 of Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'Act') to exercise the powers and perform the functions assigned to it under the Act in the State of Karnataka. It was stated that in exercise of the powers under Section 19(1) of the Act notifying the entire State as 'air pollution control area', vide notification dated 30.05.1988 bearing No. DEEE5ECO87, Bangalore.

3. It was further stated that the accused was stacking iron ore in its land bearing Sy. No. 4 at Devalli(T), Tinnaighat, Joida

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