M/S HIRANYAKESHI SAHAKARI SAKKARE KARKHANE NIYAMITA vs THE KARNATAKA STATE POLLUTION CONTROL BOARD
- Court
- Karnataka High Court
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HC-KAR
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WP No. 29717 of 2026
CNR: KAHC010654692026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 29717 OF 2026 (GM-POL)
BETWEEN:
1. M/S HIRANYAKESHI SAHAKARI SAKKARE
KARKHANE NIYAMITA
SANKESHWAR - 591 394
HUKKERI TALUK
BELAGAVI DISTRICT
REPRESENTED BY ITS CHAIRMAN
SRI BASAVARAJ SHANKAR KALLATTI
S/O LATE SHANKAR
AGED ABOUT 56 YEARS
( A FACTORY REGISTERED UNDER THE BOMBAY CO
OPERATIVE SOCIETIES ACT 1925)
…PETITIONER
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE A/W
SRI H.S. SUHAS., ADVOCATE)
AND:
1. THE KARNATAKA STATE POLLUTION CONTROL BOARD
PARISARABHAVANA
TH
5 FLOOR, NO. 49, CHURCH STREET
BENGALURU – 560 001
REP BY MEMBER SECRETARY
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2. THE COMMISSIONER FOR CANE DEVELOPMENT AND
DIRECTOR OF SUGAR
TH
5 FLOOR, ‘F’ BLOCK, CBAB COMPLEX
KHB BUILDING, CAUVERY BHAVAN
K.G. ROAD
BENGALURU - 560 009
3. THE DEPUTY COMMISSIONER
OFFICE OF THE DEPUTY COMMISSIONER
RAVIVAR PET
BELAGAVI - 590 001
4.
THE MANAGING DIRECTOR
HESCOM, VIDYUTH BHAVAN,
GOPANAKOPPA
HUBBALLI – 580 023
…RESPONDENTS
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 &
SMT. NILOUFER AKBAR, AGA FOR R-2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION TO QUASH THE IMPUGNED ORDER DATED 06.06.2026
BEARING NO.PCB/153/HPI/17 CAT/2020/2026/133 PASSED BY THE
ST
1 RESPONDENT VIDE ANNEXURE-A UNDER THE AIR
(PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 AND THE
RULES MADE THEREUNDER AND ALSO THE ORDER DATED
06.06.2026 BEARING NO. PCB/153/HPI/17 CAT/2020/2026/132
ST
PASSED BY THE 1 RESPONDENT VIDE ANNEXURE-B UNDER
THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT,
1974 AND THE RULES MADE THEREUNDER & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 29717 of 2026
CNR: KAHC010654692026
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
inter alia
1. The petitioner has filed the present petition, ,
impugning an order dated 06.06.2026 passed by the Karnataka
State Pollution Control Board [ KSPCB ] directing the petitioner to
forthwith close its operations. The said order is premised on the
observations which are recorded in the said order, which are to the
effect that the petitioner has not taken all the necessary measures
that are required for preventing and/or containing pollution.
2. The present petition was listed on 18.09.2026 and this Court
passed the following order:
1. Sri Mahesh Chowdhary, learned
counsel accepts notice for respondent
No.1.
2. Issue notice to the other
respondents.
3. The petitioner [M/s Hiranyakeshi
Sahakari Sakkare Karkhane Niyamita] has
filed the present petition impugning the
order dated 06.06.2026 passed by
respondent No.1-the Karnataka State
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Pollution Control Board [ the KSPCB ]
under Section 31A of Air (Prevention and
Control of Pollution) Act, 1981 [ the Air
Act], as well as the order dated
06.06.2026 passed under Section 33A of
Water (Prevention and Control of Pollution)
Act, 1974 [ the Water Act] . By the
impugned orders, closure directions have
been issued in respect of the petitioner's
sugar manufacturing unit, co-generation
plant and distillery unit operated at
Sankeshwar, Hukkeri Taluk, Belagavi
District.
4. A plain reading of the impugned
orders indicates that the KSPCB has found
that the petitioner's unit has been causing
serious pollution. It is also noted that the
Maharastra Human Rights Commission had
imposed environmental compensation of `
10 lakhs on the petitioner's unit for the
pollution caused. There is also a serious
allegation that the petitioner's unit had
adversely affected the quality of
groundwater and is responsible for
polluting the Hiranyakeshi River by
discharging untreated effluent.
5. On a plain reading of the impugned
orders and the material on record, there
appears to be no ground for this Court to
interfere with the same. However, the
learned counsel appearing for the
petitioner submits that, in the last few
months, the petitioner has spent more
than ` 22 crores to ensure that all
necessary measures are put in place to
control pollution and preventing the
discharge of polluting effluent or its
seepage into the ground. It is further
submitted that necessary measures have
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also been implemented to prevent air
pollution.
6. In view of the aforesaid submissions,
the learned counsel appearing for the
KSPCB states that an inspection would be
conducted by a committee comprising
experts and that, if it is found that all
necessary pollution control measures have
been put in place, appropriate steps would
be taken to revoke or suspend the closure
order.
7. At request, list on 08.10.2026.”
3. Pursuant to the said order, the KSPCB constituted a
Committee, which once again inspected the M/s. Hiranyakeshi
Sahakari Sakkare Karkhane Niyamita (Integrated Sugar and
Distillery Unit located at Sankeshwar, Hukkeri Taluk, Belagavi
District, Karnataka). The Committee has since submitted its
report, a copy of which is handed over to this court. The overall
submission of the Committee as set out in the report is reproduced
below:
“OVERALL SUBMISSION OF THE
COMMITTEE
The Committee is of the view that M/s. Shri
Hiranyakeshi Sahakari Sakkare
Karkhane Niyamit has initiated remedial
measures and has implemented several
physical improvements in its pollution-
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control and environmental management
infrastructure. However, certain
statutory, infrastructural and
environmental compliances remain
pending , including obtaining valid statutory
consents/authorizations, completion of
certain lagoon and storm-water
management measures, provision of
appropriate sewage treatment, completion
and connection of the proposed 15-day
treated-effluent storage facility,
installation/commissioning of required
particulate monitoring systems and
completion of other identified measures.
Further, since the Unit was not in
operation on 05.10.2026, actual
operational performance of the ETP, quality
of treated effluent, functioning and
calibration of OCEMS under operating
conditions, performance of ESPs, actual
stack emissions and functioning of the
treated-effluent utilisation/distribution
system could not be conclusively verified.
Based on the directions of the Hon'ble High
Court, KSPCB may consider the Unit's
application for Consent to Operate for
the existing facility and may consider
the matter of suspension/revocation of
the Closure Directions. a follow-up
verification may be made by KSPCB to
verify the compliance during operational
condition.
Unit shall submit separate applications to
Karnataka SPCB to obtain CFE and CFO.”
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4. Although the petitioner has taken substantial steps for
containing the pollution as required, it has not fully implemented all
the measures as yet. The petitioner does not have all the
necessary consents, including the hazardous waste authorization
and the requisite Consent for Establishment / Consent for
Operation for the expansion of its existing unit. The report also
indicates that all measures that are required to be taken have not
been taken as yet, but the petitioner appears to be in the process
of taking the same.
5. Additionally, it is noted that performance of certain equipment
and facility for containing pollution and treating effluent could not be
examined as the unit was not in operation.
6. Having stated the above, it is for the KSPCB to consider the
Committee's report and take an appropriate decision.
7. In view of the above, we consider it apposite to dispose of
this petition by directing the KSPCB to consider the Committee's
report and take an appropriate decision. The petitioner is also at
liberty to furnish its response to the said report within a period of
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three (03) working days. We request the KSPCB to take an
appropriate decision as expeditiously as possible and preferably
within one week thereafter. The KSPCB shall also consider the
petitioner's application for consent for operation and the other
consents in accordance with law.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(K.S. HEMALEKHA)
JUDGE
SD
List No.: 2 Sl No.: 31