HC quashes KSPCB notice to shut down Bhalkeshwar Sugars Ltd

NT Correspondent

Bengaluru: The High Court of Karnataka has set aside the June 16, 2023, order passed by the Karnataka State Pollution Control Board (KSPCB), directing Bhalkeshwar Sugars Ltd to stop its operations.

The HC found that after issuing a notice regarding pollution caused by the factory, the KSPCB did not wait for the reply and went ahead and issued a final order.

Objecting to the manner in which the order was passed, the HC said, “Such approach of the authority cannot be accepted. If the authority itself issued a show-cause notice and directed the petitioner to submit his reply within 15 days, there was no reason for the authority to show undue haste of passing final order dated 16.06.2023 before the period of expiry of 15 days.”

The sugar factory based in Bidar, approached the HC against the order of the KSPCB and contended that they were served prohibitory order on December 27, 2022.

Later a personal hearing was conducted on February 21, 2023. The Regional Officer of KSPCB inspected the industry on June 7, 2023 to verify the compliance.

The report noted that the Effluent Treatment Plant was not in operation and the effluents were stored in ‘katcha lagoons’. The earlier notice had been issued to restrain the discharge of this effluent outside the premises.

Based on the report, the KSPCB issued a show-cause notice to be answered within 15 days. The counsel for the factory submitted before the HC that the notice was issued on June 9, 2023 and was received by the factory on June 19.

The 15-day notice period was to expire on June 24, 2023. But the KSPCB passed an order on June 16 itself directing the factory to close operations.

The KSPCB counsel argued that the factory has violated the pollution control laws under the Water (Prevention & Control of Pollution) Act and the effluents from the factory were posing health hazards.

There was a report in December 2022 and the hearing was provided in February 2023, and therefore the order to close the unit was right. The HC, however, said the KSPCB had not followed the principles of natural justice.

“We are unable to accept the submission of learned counsel appearing for respondent Nos.1 and 2- Board. There cannot be any dispute on the proposition that the authority is vested with power to take appropriate action including passing a final order prohibiting industry concern to stop its industrial operations, but the prerequisite is to follow the principle of natural justice and provide an opportunity of hearing to the party,” it said.

(WP 14064/2023)