P.R.RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This public interest litigation has been filed by a citizen of Bengaluru and the former Mayor of Bangalore Mahanagara Palike in which, a writ of certiorari has been sought seeking quashment of the resolution dated 13.11.2007 passed in the 168th meeting of the Karnataka State Pollution Control Board (hereinafter referred to as 'the Board' for short). The petitioner also seeks a writ of mandamus to the respondents to act as demanded in the legal notice dated 08.04.2009.

(2.) The Board is a body constituted under Section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'the Act' for short) with an object to provide for prevention and control of water pollution and the matters incidental thereto as enacted under the Act. Section 25 of the Act deals with restrictions on new outlets and new discharges. The relevant extract of Section 25 reads as under:

(3.) The State Government has also passed an order dated 31.12.2001 which provides that the State Environment Clearance Committee shall continue to function at the State Levels with the reforms contained in the order. Clause (g) of the aforesaid order which is relevant for the purposes of the controversy involved in this writ petition reads as under: