M/s. India Iron Works vs Karnataka State Pollution Control Board & Ors.

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

These batch of petitions were listed yesterday and were adjourned, as the learned counsel appearing for the Karnataka State Pollution Control Board [KSPCB] sought time to seek instructions.

The learned counsel appearing for the KSPCB submits that the very same petitioners have already filed petitions before this Court seeking similar reliefs, which are currently pending consideration before this Court. He handed over a copy of the order sheet in one such petition, W.P. No.30110/2025, filed by M/s. India Iron Works. The order sheet indicates that the said petition was moved on 30.09.2025 and the learned counsel for the petitioner was directed to place on record the Consent for Establishment [CFE] and Consent for Operation [CFO]. It was also clarified that if the same was not placed on record, an adverse inference would be drawn. He states that similar orders were passed in other petitions as well.

It is apparent that the petitioner does not have the CFO and is operating the industry without the necessary compliances. It is further noted that the aforementioned petition (W.P. No.30110/2025) was thereafter listed on five occasions to enable the petitioner to cure the office objections. However, the same have not been cured. It is apparent that having failed to secure any interim orders in W.P. No.30110/2025, the petitioners have now filed the present petitions.

The learned counsel for the petitioners seeks to withdraw the present petitions.

In our view the filing of these petitions constitutes an abuse of the process of law and warrants composition of costs. Accordingly, the present petitions are dismissed as withdrawn. However, we consider it apposite to impose costs of `10,000/- in respect of each petition. The costs shall be paid to the Karnataka Advocates’ Clerks Benevolent Trust, Bengaluru, within a period of four weeks from date.