Case Note & Summary
The petitioner, M/s. Devi Enterprises, represented by its proprietrix Smt. Sukadi Devi, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a closure order dated 03.07.2013 passed by the first respondent, the Environmental Officer of the Karnataka State Pollution Control Board (KSPCB). The impugned order was the culmination of a complaint received on 05.02.2013 against M/s. Ambe Polymers, which was described as operating under new ownership in the name of M/s. Devi Enterprises, engaged in the manufacture of injection moulded components without obtaining consent from KSPCB. After receipt of the complaint, an inspection was carried out on 14.02.2013, but the unit was not working as it had given a holiday to workers. A show-cause notice was issued on 23.02.2013, which was neither replied nor complied with. Another complaint dated 12.03.2013 was received, and a second inspection was conducted on 18.03.2013, during which the unit was found to be operating without consent. The Environmental Officer then passed the closure order under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. The petitioner contended that the closure order was passed without giving any opportunity of hearing, in violation of principles of natural justice. The court observed that the impugned order did not record any opportunity of hearing having been given to the petitioner before passing the closure order. The court held that the order was passed in gross violation of principles of natural justice and quashed it. The matter was remitted to the KSPCB for fresh consideration after affording the petitioner a reasonable opportunity of hearing. The court directed the petitioner to appear before the Board on 23.03.2015 and to file a reply to the show-cause notice. The Board was directed to pass a fresh order within four weeks thereafter, after hearing the petitioner.
Headnote
A) Environmental Law - Closure Order - Natural Justice - Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 - The petitioner challenged a closure order passed by the Environmental Officer, KSPCB, alleging that the unit was operating without consent. The court found that the order was passed without giving the petitioner an opportunity of hearing, in violation of principles of natural justice. Held that the closure order is quashed, and the matter is remitted to the Board for fresh consideration after hearing the petitioner (Paras 1-3).
Issue of Consideration
Whether the closure order dated 03.07.2013 passed by the Environmental Officer, KSPCB, without affording an opportunity of hearing to the petitioner, is sustainable in law.
Final Decision
The writ petition is allowed. The impugned closure order dated 03.07.2013 (Annexure-D) is quashed. The matter is remitted to the Karnataka State Pollution Control Board for fresh consideration after affording the petitioner a reasonable opportunity of hearing. The petitioner is directed to appear before the Board on 23.03.2015 and file a reply to the show-cause notice. The Board shall pass a fresh order within four weeks thereafter.
Law Points
- Natural justice
- opportunity of hearing
- closure order
- pollution control
- consent to operate
