Interim protection continues until the statutory appellate authority considers the pending interim-relief application.

The petitioners operated poultry farms in Davanagere District and challenged closure orders issued by the Karnataka State Pollution Control Board on 6 January 2024 or 11 January 2024, as applicable.

They had filed statutory appeals before the Karnataka State Appellate Authority under the pollution-control legislation and approached the High Court because their applications for interim relief had not been considered.

The High Court had directed the respondents not to precipitate the matter, and that interim protection remained in force when the petitions were heard.

1. Whether the petitioners, having filed statutory appeals against the closure orders, should be permitted to pursue those appeals rather than obtain substantive relief in the writ petitions.

2. Whether the interim protection granted by the High Court should continue pending consideration of the petitioners’ applications for interim relief before the appellate authority.

The Court proceeded on the basis that a statutory appellate remedy was available against the Pollution Control Board’s orders and that the petitioners should prosecute their pending appeals in accordance with law.

It also continued interim protection until the appellate authority considered the applications for interim relief, and directed that authority to endeavour to decide those applications within four weeks and the appeals within four months of receiving a certified copy of the order.

Because the petitioners had already invoked the statutory appellate process, the Court considered it appropriate for them to pursue that remedy rather than continue the writ proceedings.

However, as the appellate authority had not considered their interim applications, the Court maintained its existing protection until those applications were decided, while setting timelines for consideration of the interim applications and disposal of the appeals.

The interim protection granted on 12 February 2024 was to remain in force until the appellate authority considered the applications for interim relief; the authority was directed to endeavour to decide those applications within four weeks and the main appeals within four months from receipt of a certified copy of the order.