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2007 Supreme(Kar) 277

MOHAN M.SHANTANAGOUDAR
NITIN MAJUMDAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared
Sri V.P. Kulkarni, Advocate for Petitioner;
Sri S.G. Bhagawan, Advocate for Amicus Curiae;
Sri A.V. Ramakrishna, High Court Government Pleader for Respondent-1;
Sri D. Nagaraj, Advocate for Respondent-2.

ORDER

These petitions are filed by the accused in Crl. Case Nos. 532, 531, 523 and 527 of 2006, pending on the file of Judicial Magistrate First Class Court, Dandeli, seeking quashing of the said proceedings.

2. The Karnataka State Pollution Control Board (in short, 'State Board'), through its Regional Officer, Karwar, has lodged the complaints against the petitioners herein alleging violation of Sections 21 and 22 of Air (Prevention and Control of Pollution) Act, 1981 (for short hereinafter referred to as the 'Air Act'), which is punishable under Section 37 of the Air Act. It is alleged in the complaint that the petitioners have illegally established and are operating the Iron Ore Stack Yard, at various places in Uttara Kannada District, without the previous consent of the Karnataka State Pollution Control Board (for short hereinafter referred to as the 'State Board'); that the accused have not provided any pollution control measure inspite of repeated requests and instructions by the officials of State Board; that the meetings were held between then representatives of the accused and the officials of the State Board and in the said meetings, the accused have agreed for providing po





































































































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