Karnataka High Court
WP/17296/2024 of M/S KITTUR CHENNAMMA POULTRY FARM Vs KARNATAKA STATE POLLUTION CONTROL BOARD on 13 August 2026
CNR: KAHC010362672024 NC: 2026:KHC:43205-DB WP No. 17296 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 17296 OF 2024 (GM-POL)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 17296 OF 2024 (GM-POL)
BETWEEN:
1.
M/S KITTUR CHENNAMMA POULTRY FARM
A REGISTERED PARTNERSHIP FIRM
REPRESENTED BY ITS PARTNER
SRI M. SIVARAM PRASAD
S/O NARAYANA MURTHY
AGED ABOUT 53 YEARS
O/AT SY.NO.55A/B
HONNAPUR VILLAGE
KITTUR TALUK
BELAGAVI DISTRICT - 591 115
…PETITIONER
(BY SRI GANGADHAR D.C., ADVOCATE A/W
SRI HARISH KUMAR M.S., ADVOCATE)
AND:
1.
KARNATAKA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS MEMBER SECRETARY
PARISARA BHAVAN
NO.49, CHURCH STREET
BENGALURU - 560 001
2.
THE ENVIRORNMENT OFFICER
REGIONAL OFFICE BELAGAVI -1
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
HC-KAR
KARNATAKA STATE POLLUTION CONTROL BOARD
NO.1, MAIN ROAD
AUTO NAGAR
KANBARGI INDUSTRIAL AREA
BELAGAVI - 590 015
…RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 & R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS NOT TO TAKE ANY
COERCIVE
ACTION
LIKE
WITHDRAWING
THE
COMBINED
CONSENT ORDER No.AW 117187 DATED 09.07.2021, UNDER BOTH
THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT
1974, AND THE AIR (PREVENTION AND CONTROL OF POLLUTION)
ACT 1981 VALID TILL 31.12.2035 GIVEN TO THE PETITIONER'S
FIRM VIDE ANNEXURE-K TILL THE DISPOSAL OF THE APPEAL
FILED BY THE PETITIONER IN APPEAL No.7/2024 PENDING
CONSIDERATION BEFORE THE KARNATAKA STATE APPELLATE
AUTHORITY
(UNDER
AIR
AND
WATER
PREVENTION
AND
CONTROL
OF
POLLUTION
ACTS)
AT
BENGALURU
VIDE
ANNEXURE-L & 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
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia, praying as under: "a) Issue a Writ of Mandamus directing the Respondents not to take any coercive
HC-KAR
action like withdrawing the Combined Consent Order No. AW 117187 dated 09- 07-2021, Under both the water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and control of pollution) act, 1981, valid till 31-12-2035 given to the Petitioner's firm vide Annexure-K till the disposal of the appeal filed by the petitioner in Appeal No.7/2024 pending consideration before the Karnataka State Appellate Authority (Under Air & Water prevention & Control of Pollution Acts) at Bengaluru vide Annexure- L;
b) Issue such other writ / order / direction as deemed fit in the interest of justice."
2. The petitioner is essentially aggrieved by an order dated 31.05.2024, whereby, the petitioner was called upon and granted a last opportunity to make a payment of `8,68,000/- being the difference between the fees already paid and the fees as payable under the revised notifications and Board circulars.
3. The petitioner is a registered partnership firm and it operates a poultry farm. It had applied for a consent for establishment and consent for operation to the Karnataka State Pollution Control Board [KSPCB] under the Water (Prevention and Control of
HC-KAR
Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, categorising the industry as a "green" industry.
4. Pursuant to the application, by an order dated 09.07.2021 the KSPCB granted the combined consent under both the enactments. The petitioner paid the requisite fee as was applicable under the Rules prevailing as on the date of grant of consent (i.e., as on 09.07.2021).
5. Thereafter, the concerned Rules were amended on 22.10.2021 enhancing the fee payable for the issuance of consent orders. Subsequently, on 14.12.2021, KSPCB issued a circular permitting the collection of the enhanced consent fee even from those industries, which had been granted consent prior to the amendment.
6. Thus, essentially the KSPCB seeks to recover the enhanced fee retrospectively from industries where consents had been granted prior to 22.10.2021.
7. The learned counsel appearing for the KSPCB fairly states that the retrospective enhancement of fees may not be permissible,
HC-KAR
as there is no provision under the Act or under any of the enactments empowering the KSPCB to enhance the fee with retrospective effect.
8. We are unable to accept that the KSPCB has the jurisdiction to retrospectively enhance the fee by merely issuing the circular. Accordingly, the present petition is allowed and the respondents are restrained from recovering the enhanced fee in respect of the consents already granted prior to 22.10.2021 from the petitioner, till the disposal of the petitioner's appeal which is pending before the Karnataka State Appellate Authority.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
SD List No.: 1 Sl No.: 12