The High Court of Karnataka on Friday directed the Karnataka Compost Development Corporation (KCDC) to approach the National Green Tribunal (NGT) questioning the Karnataka State Pollution Control Board’s January 27, 2022, order for closing the KCDC’s compost unit in the city for not adhering to certain environmental norms.
A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj said that the petition filed by the KCDC, a Government of Karnataka undertaking, is not maintainable before the High Court as a remedy of appeal in law against the KSPCB’s order is provided before the NGT.
The KCDC has questioned the closure order issued by the KSPCB while contending that no prior notice was issued before passing the order for closure under the provisions of the Water (Prevention and Control of Pollution), Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. The KCDC is processing a large quantity of wet waste generated in the city to produce organic manure and vermicompost.
The High Court in 2019 had directed the KSPCB to consider a representation, by KHHSP Residents’ Welfare Association, Somasundarapalya, HSR Layout, on failure to adhere to certain norms of environment in operating the compost unit by the KCDC. Following this, the KSPCB had inspected the compost unit on several occasions and given certain direction to comply with environmental laws.
Meanwhile, the Association in 2020 filed a contempt petition against the member-secretary of the KSPCB for not considering its representation as per 2019 order.
When the court last month had asked why the KSPCB had not considered representation of the association and taken appropriate action, the KSPCB on January 27 passed the order directing the KCDC to immediately close the operation of the unit situated at survey number 39 and 40, Haralakunte village on Hosur Road. Also, the KSPCB directed the Bangalore Electricity Supply Company Ltd to disconnect the power supply to the KCDC unit while asking the Deputy Commissioner, Bengaluru urban district to seize the unit.
