Lingaraj And Ors vs State Of Karnataka And Ors

The application is filed under Section 14 of the National Green Tribunal Act with the prayer to direct respondent No.13, M/s.Aditya Ultratech Construction Limited to permanently stop the functioning of the industry situated at Survey No.75/1, Gulakamale Village, within the limits of Bangalore South Taluk. Only respondent No.4, the Karnataka State Pollution Control Board and respondent No.5 the District Environmental Officer have filed their reply.

The learned counsel appearing for respondent Nos.4 and 5 submitted that closure order of the unit of respondent No.13 has already been issued and subsequent to that order when the officials of the Pollution Control Board visited the unit, on getting complaint that the unit is functioning even after passing the closure order, the respondent No.13 made an undertaking that they will not operate the unit without the requisite Consent and if they operates, without the Order of Consent, the Karnataka Pollution Control Board entitled to take criminal action on the unit.

In view of the above, nothing remains further to be settled in the application and the applicant is at liberty to take appropriate steps if respondent No.13 is operating the unit without the Consent required, inspite of the closure order and the undertaking submitted by respondent No.13 to the Karnataka Pollution Control Board.

The application is therefore disposed accordingly with no order as to costs.