Karnataka High Court
WP/8244/2026 of MR NAVEEN KUMAR JAIN Vs THE CHAIRMAN on 23 September 2026
CNR: KAHC010180942026 NC: 2026:KHC:52556-DB WP No. 8244 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 8244 OF 2026 (GM-POL)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 8244 OF 2026 (GM-POL)
BETWEEN:
1.
MR. NAVEEN KUMAR JAIN
AGED ABOUT 48 YEARS
RESOLUTION PROFESSIONAL OF
STELLENCE PHARMSCIENCE PVT. LTD.
F-1, MILAP NAGAR, UTTAM NAGAR
NEW DELHI - 110 059
…PETITIONER
(BY SRI SHASHANK NAGENDRAN, ADVOCATE)
AND:
1.
THE CHAIRMAN
KARNATAKA STATE POLLUTION CONTROL BOARD
PARISARA BHAWANA
1ST TO 5TH FLOOR
NO.49, CHURCH STREET
2.
MEMBER SECRETARY
KARNATAKA STATE POLLUTION CONTROL BOARD
PARISARA BHAWANA, 1ST TO 5TH FLOOR
NO. 49, CHURCH STREET
BENGALURU - 560 001
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
HC-KAR
3.
SENIOR ENVIRONMENTAL OFFICER
REGIONAL OFFICE, BENGALURU SOUTH
KARNATAKA STATE POLLUTION CONTROL BOARD
NISARGA BHAVANA, 3RD FLOOR
THIMMAIAH ROAD
7TH D MAIN, SHIVAJINAGAR
BENGALURU - 560 079
4.
STATE DRUGS CONTROLLER
DRUGS CONTROL DEPARTMENT
P.B. NO. 5377, PALACE ROAD
BENGALURU - 560 001
…RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO 3 &
MS. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN
APPROPRIATE WRIT AND DIRECTIONS TO DECLARE THE ORDER
DATED 30/01/2024 AND NOTICES DATED 21/03/2024, 27/03/2024, 12/07/2024
AND
DIRECTIONS
DATED
07/08/2024
AND
ANY
CONSEQUENTIAL ORDERS AND MEASURES BY THE KARNATAKA
STATE POLLUTION CONTROL BOARD AS NULL AND VOID
ANNEXURES-D, C, B, K RESPECTIVELY & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition impugning an order dated 30.01.2024, whereby the Karnataka State Pollution
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Control Board [KSPCB] has declined the petitioner's application for grant of consent for operation. The impugned order has been issued in exercise of powers conferred under Section 25(4) B read with Section 27(2) B of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21(4) of the Air (Prevention and Control of Pollution) Act, 1981. The KSPCB denied the consent for the reason that the ambient air quality was found to be poor; the petitioner did not comply with the conditions as mentioned in the consent for operation and there was no proper storage facility for hazardous waste.
2. The learned counsel appearing for the petitioner submits that the petitioner is presently being managed by the Resolution Professional and that, at this stage, the petitioner is not in the position to incur the necessary expenditure for complying with the conditions imposed by KSPCB. He submits that the petitioner may be permitted to re-commence the manufacturing operations by discharging the affluent into a centralized affluent treatment plant.
3. The learned counsel appearing for the KSPCB points out that a similar relief had been sought for by the petitioner before the
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National Company Law Tribunal and the same has been declined by an order dated 24.04.2026. There is no dispute that the conditions as imposed by the KSPCB are germane to the issue of pollution.
4. We are thus unable to accept that any interference with the impugned order is called for in these proceedings. However, it is open for the petitioner to make a representation to the KSPCB proposing measures of compliance and if the KSPCB is satisfied that the measures as indicated by the petitioner would suffice to meet the applicable environmental requirements on a temporary basis, the KSPCB is not precluded from issuing the necessary orders in accordance with law.
5. The petition is dismissed with the aforesaid observations.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 2