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HIGH COURT OF KARNATAKA
B.V.NAGARATHNA,M G UMA
DR CA A S VISHNU BHARATH – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP/12629/2020
-: 1 :-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2021
PRESENT
THE HON'BLE Mrs. JUSTICE B.V. NAGARATHNA
AND
THE HON'BLE Mrs. JUSTICE M.G. UMA
W.P. No.12629 OF 2020 [GM-RES-PIL]
C/w.
W.P. No.12901 OF 2020 [GM-RES-PIL]
In W.P. No.12629/2020:
BETWEEN:
DR. CA A.S. VISHNU BHARATH
S/O. LATE A. SATHYANARAYANA SETTY,
AGED ABOUT 68 YEARS,
NO.450, 7TH MAIN, 4TH BLOCK,
JAYANAGAR,
BANGALORE - 560 011.
... PETITIONER
(BY SRI. NARENDRA BABU B.K., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY,
HEALTH DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2.
POLLUTION CONTROL BOARD
BY ITS DIRECTOR
CHURCH STREET,
BANGALORE - 560 001.
3.
BRUHAT BENGALURU MAHANAGARA PALIKE
REPRESENTED BY ITS COMMISSIONER
BANGALORE - 560 002.
... RESPONDENTS
(BY SMT. VANI H., ADDL. GOVERNMENT ADVOCATE FOR R-1;
-: 2 :-
SMT. SHOBHA KULKARNI, ADVOCATE FOR R-2;
SRI. K.N. PUTTEGOWDA, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE
RESPONDENTS
TO
IMPOSE
BAN
ON
SALE
OF
FIREWORKS/CRACKERS AND BURNING/USING OF FIREWORKS/
CRACKERS IN BENGALURU, GRANT INTERIM ORDER DIRECTING
THE RESPONDENTS NOT TO PERMIT ANY BODY TO SELL THE
FIREWORKS/CRACKERS AND ANY ONE TO BURN THE SAME TILL
THE COVID-19 PANDEMIC COMES TO CONTROL, DURING THE
PENDENCY OF THE ABOVE WRIT PETITION.
In W.P. No.12901/2020:
BETWEEN:
SAMARPANA (CULTURAL AND
SOCIAL SERVICE ORGANISATION)
NO.7-B, 19TH 'C' MAIN ROAD,
1ST BLOCK, RAJAJINAGAR
BANGALORE - 560 010.
REPRESENTED BY ITS
GENERAL SECRETARY,
SRI. SHIVAKUMAR HOSAMANI,
AGED 52 YEARS,
S/O. LATE SRI NAGANNA.
... PETITIONER
(BY SRI. G.R. MOHAN, ADVOCATE (THROUGH V/C))
AND:
1.
THE CHIEF SECRETARY
KARNATAKA STATE GOVERNMENT
VIDHANA SOUDHA,
BENGALURU - 560 001.
2.
THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BENGALURU - 560 001.
3.
THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
BENGALURU - 560 002.
4.
THE SECRETARY
-: 3 :-
KARNATAKA STATE POLLUTION CONTROL BOARD
CHURCH STREET,
BENGALURU - 560 025.
... RESPONDENTS
(BY SMT. VANI H., ADDITIONAL GOVERNMENT ADVOCATE FOR
R-1 AND R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
WRIT OF MANDAMUS TO CONSIDER THE REPRESENTATION OF
THE PETITIONER DATED 31.08.2020; AND TO DIRECT TO THE
STATE POLLUTION CONTROL
BOARD TO MONITOR THE
AMBIENT AIR QUALITY CRITERIA VALUES (AAQCVs) PROPOSED
BY CPCB WITH REGARD TO BURSTING OF FIRECRACKERS BY
COLLECTING THE DATA THEREON BY SUBMITTING THE REPORT
TO THIS HON'BLE COURT TO ENABLE THIS HON'BLE COURT TO
COMPLETELY BAN THE SALE AND BURSTING OF FIRECRACKERS
IN FUTURE ETC.,
THESE WRIT PETITIONS COMING ON FOR DICTATING
ORDERS THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
O R D E R
These writ petitions have been filed in public
interest. Writ Petition No.12629 of 2020 has been filed by
Dr. A.S.Vishnu Bharath (Social Activist) who is stated to be
a Chartered Accountant and a person who respects
environment. It is stated that he is well-known for his
communication skills and has authored around fifty books
on different topics and about the adverse and deleterious
effects of pollution due to bursting of fire-crackers on
environment, health and well-being of all human beings
and animals. In the circumstances, while supporting his
prayer for seeking a ban on fire-works / fire-crackers in
-: 4 :-
Bengaluru, he has assigned various reasons in doing so, in
his memorandum of writ petition.
2.
Writ Petition No.12901 of 2020 is also filed in
public interest by an organisation called Samarpana, which
is stated to be a cultural and social service organisation
registered under the Karnataka Societies Registration Act,
earlier in the name and style of "Vinayaka Geleyara
Balaga" and later on changed to "Samarpana" v
