AVS TECH BUILDING SOLUTIONS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is a ready mix concrete plant, solid blocks and paver blocks manufacturing unit. The petitioner was granted combined consent order dtd. 7/12/2021 for operation of the unit. It appears that a complaint was made against the petitioner. On the basis of the aforesaid complaint, a show cause notice dtd. 30/6/2022 was issued to the petitioner. The petitioner submitted a reply to the aforesaid show cause notice on 20/7/2022. Thereafter, the impugned order dtd. 29/7/2022 has been passed withdrawing the consent issued to the petitioner under the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'the Water Act ', for short) and Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'the Air Act ', for short). Thereafter, notice under Sec. 33(A) of the Water Act and Sec. 31(A) of the Air Act was issued on 02. 08.2022. The petitioner has assailed the validity of the aforesaid order and the notice in this petition.

(2.) Learned counsel for the petitioner submitted that no opportunity of personal hearing was afforded to any representative of the petitioner before passing the impugned order dtd. 29/7/2022 and issuing the notice dtd. 2/8/2022. It is also submitted that the petitioner had sought for a copy of the inspection report which has not been supplied to it. It is further submitted that the respondents be directed to supply a copy of the inspection report to the petitioner and to afford an opportunity of personal hearing to a representative of the petitioner and to take a decision afresh.

(3.) Learned counsel for the respondent No.2 - Board fairly submits that the copy of the inspection report shall be supplied to the petitioner.