Brahmananda Sagar Jaggery Industries v. Govt. of Karnataka
2023-10-25
KRISHNA S.DIXIT, PRASANNA B.VARALE
body2023
DigiLaw.ai
JUDGMENT 1. Heard the learned counsel for the petitioner, Sri.Vikram Huilgol, learned Senior counsel who is representing for respondent No.2 and Sri.S.S.Mahendra, learned Principal Government Advocate for respondent No.1. 2. The petitioner by way of the present petition challenges the order dtd. 6/10/2023 passed by respondent No.2 vide Annexure-'J' to the writ petition. The sum and substance of the submission of the learned counsel for the petitioner is that the respondent No.2 - Board issued a show cause notice to the petitioner on 21/8/2023, to which the petitioner promptly replied by a written reply dtd. 6/9/2023. The respondent No.2 without affording an opportunity of hearing to the petitioner has passed the final order whereby, consent granted to the petitioner is withdrawn / cancelled. 3. Learned counsel for the petitioner submits that the petitioner is having sufficient material to counter the allegations in the order. Since no opportunity of hearing was granted to the petitioner, the order is untenable on this sole ground. The learned counsel for the petitioner invited our attention to the statement in the order dtd. 6/10/2023 which reads as under:- "The above actions of the industry amounts to violation of consent conditions. Hence, the Board is constrained to take further action to withdraw / cancel the consent issued to the industry vide ref(1) considering the show cause notice issued vide ref(5) as an opportunity of being heard as per Sec. 21(4) of the Air (Prevention and Control of Pollution) Act, 1981." 4. Though the order shows that an opportunity was granted to the petitioner, except considering the reply submitted, the final order is passed without giving an opportunity of hearing to the petitioner. Sri.Vikram Huilgol, learned Senior counsel though initially submitted that there are serious observations against the petitioner - Industry, as supported by the Inspection Report particularly, the petitioner - Industry though was permitted to produce the jaggery powder, the petitioner inspite of informing or seeking consent from the respondent No.2 - Board started producing sugarcane syrup and this act was in breach of the consent granted to it. 5.
5. Per contra, learned counsel for the petitioner submits that the respondent No.2 - Board had adopted technical approach in the matter and though it may not be specifically stated by the Industry while approaching the respondent No.2 - Board for production of jaggery, it is a common knowledge that the process called production of jaggery requires crushing the syrup and crushing of syrup resulted in production of sugarcane and syrup. The order impugned in the petition clearly indicates that no opportunity of hearing is granted to the petitioner. At this stage, Sri.Vikram Huilgol, learned Senior counsel fairly submits that respondent No.2 - Board be permitted to hear the petitioner, as the show cause notice was already issued to him on 21/8/2023 which is reflected in the impugned order and respondent No.2- Board shall afford an opportunity of hearing to the petitioner and after completing this exercise, appropriate orders would be passed. 6. Accordingly, we permit the petitioner to approach the Board for fixing a date of hearing. Learned counsel for the petitioner on instructions submits that petitioner would appear before the Board through its representative on 8/11/2023 along with all the necessary documents on which he would rely. Let the respondent No.2 - Board, hear the petitioner on 8/11/2023. If the hearing needs further extension, let it be done and be completed by 10/11/2023; the respondent No.2 - Board shall pass orders preferably within a week thereafter. It is also not in dispute that certain objections were raised against the petitioner - Industry by a private party in the nature of complaint submitted by respondent No.2 - Board. The respondent No.2 - Board to supply a copy of such complaint to the petitioner, so that the petitioner - Industry can submit its response / reply to such complaint to the Board. 7. The petitioner is permitted to crush the sugarcane; however, he is further directed not to carry out any activity which is referred in Clause - 2 namely, the Industry has made permanent piping and pumping arrangement to transport cane syrup to M/s.Askins Biofuels Pvt. Ltd. With these directions, the writ petition is disposed off. All contentions are kept open. As we have already passed an order issuing certain directions, no separate order is required to be passed on the impleading application - I.A.No.1/2023. The application is accordingly, disposed of.