LAWS(KAR)-2009-11-92

PARANJAPE SCHEMES BANGALORE, A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE PARTNERSHIP ACT REPRESENTED BY ITS MANAGER, MR. SHUKLENDU Vs. THE KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN AND OTHERS

Decided On November 27, 2009
Paranjape Schemes Bangalore, A Partnership Firm Registered Under The Provisions Of The Partnership Act Represented By Its Manager, Mr. Shuklendu Appellant
V/S
Karnataka State Pollution Control Board Represented By Its Chairman Respondents

JUDGEMENT

(1.) BY consent of the learned Counsel for the parties, all these matters were listed and heard together and matters are disposed of by this common order.

(2.) W .P. No. 936/2006 is filed by one Sri C.J. Singh seeking for issuance of a direction to respondents 1 and 2 viz., State of Karnataka and Chairman, Bangalore Development Authority to exercise jurisdiction vested in it under the Karnataka Town and Country Planning Act (hereinafter called as KT and CP Act in short) and make such inspection and pass orders taking into consideration the concept of planning in respect of the intended construction activity being put up by respondent No. 7, (hereinafter called as a Pvt. Ltd., Company) in Sy. No. 19/2, 147/4 and 148/2 of Pattandur Agrahara, Bangalore East Taluk, Bangalore and further direct the respondent No. 4, Deputy Commissioner, to take action against 7th respondent -a Pvt. Ltd. Company for having violated by it, the conditions imposed in the conversion order, quash the building plan and licence, prohibit the Construction Company -7th respondent from putting up illegal construction upon the property in question and grant such other reliefs as this Court deems fit to grant in the circumstances.

(3.) W .P. No. 4100/2008 is tiled by the very same petitioner who has filed W.P. No. 936/2006, seeking for issuance of a writ of certiorari to quash the order dated 20/2/2008 in Appeal No. 18/2007 on the file of the Karnataka State Appellate Authority at Bangalore under Water and Air (Prevention and Control of Pollution) Act, 1974 and 1981, consequently set aside the order of grant of CFE dated 12/10/2007 issued by the first respondent as null and void and to direct the first respondent - The Karnataka State Pollution Control Board, (hereinafter referred to as 'the Board') to reconsider the grant of CFE by affording an opportunity to the parties herein and to pass such other order.