TRINITY MEADOWS APARTMENT Vs. STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) The petitioner - association in the name of Trinity Meadows Apartments Owners' Association has approached this Court, by way of the present writ petition, challenging the demand notice and the show cause notice dtd. 4/12/2019 and 3/2/2020, respectively.

(2.) The perusal of the demand notice dtd. 4/12/2019 placed on record at Annexure-S shows that in view of certain directions issued by the National Green Tribunal (NGT), the Karnataka State Pollution Control Board (for short, 'the Board') issued notice to the petitioner - association for violating the provisions of the Water (Prevention and Control of Pollution) Act , 1974 (for short, 'the Act'). As per the said demand notice, the petitioner - association is liable to pay Environmental compensation. Subsequently, on 10/1/2020, the Board issued show-cause notice calling upon the petitioner - association to show cause as to why power supply should not be cut off to the apartment under Sec. 33(A) of the Act for non payment of Environment compensation. The petitioner submitted its reply to the notice on 25/1/2020. Being not satisfied with the reply of the petitioner - association, the respondent No.3 issued another notice in the nature of a direction dtd. 3/2/2020.

(3.) The perusal of the notice dtd. 3/2/2020 shows that the Authority by exercising its powers under Sec. 33A of the Act read with Rule 34(4) of the Karnataka State Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) and (the Water (Prevention and Control of Pollution) Rules, 1976 issued certain directions to the Managing Director, BESCOM, K.R.Circle, Bengaluru; the Chairman, BWSSB, Cauvery Bhavana, Bengaluru and the Commissioners of BBMP or BDA. All this process of issuing notices occurred in the year 2019-2020.