MANTRI ESPANA RESIDENTIAL Vs. REGIONAL OFFICER

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner. Notice has already been issued to the respondents.

(2.) The petitioner is a registered Association of apartment owners of the apartments which are the subject matter of this petition. The first notice under challenge in this writ petition is dtd. 4/12/2019 at Annexure-A. Based on the analysis reports of collected samples of treated sewage, the petitioner was directed to pay Environmental Compensation of Rs.10.00 Lakhs as per the order of the National Green Tribunal dtd. 6/12/2018. The second challenge in this writ petition is to Annexure-C which is a show-cause notice which refers to the reply dtd. 13/12/2019 submitted by the petitioner to the notice at Annexure-A by which, the petitioner had called upon the Karnataka State Pollution Control Board (for short 'the said Board') to withdraw the said notice. However, in the notice at Annexure-C, it is stated that the petitioner is liable to pay Environmental Compensation charges of Rs.5.00 Lakhs within fifteen days. The petitioner was called upon to show cause why the said Board should not issue directions under Sec. 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the Water Act'). Thenext challenge is to Annexure-D which contains directions issued under Sec. 33(A) of the Water Act which proceeds on the footing that the petitioner has not paid the Environmental Compensation Charges of Rs.5.00 Lakhs within fifteen days. Further challenge is to Annexure-F dtd. 18/3/2020 by which, sample collection charges of Rs.5,735.00were demanded. The challenge is on the ground that the said letter mentions that the sample was found to be not conforming to the stipulated standards.

(3.) Another challenge is to the communication dtd. 2/9/2020 by the said Board at Annexure-J by which, the petitioner was informed that the application for renewal of Consent for Operation filed by the petitioner will not be considered unless a sum of Rs.10.00 Lakhs towards Environmental Compensation Charges is paid. A prayer is also made seeking a direction to the said Board to decide the application dtd. 21/5/2020.