@JUDGMENTTAG-ORDER
D.H. Waghela, C.J.@mdashPetitioner has called into question the order dated 29.9.2014 of the Karnataka State Pollution Control Board (''KSPCB'' for short), whereby the Board has directed the petitioner to stop the operation and manufacture of hollow bricks forthwith and until further orders. In exercise of its powers under Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 r/w Rule 20-A of the Karnataka Air (Prevention and Control of Pollution) Rules, 1983, the Board has, by the impugned order, further directed the Managing Director of the electricity company concerned (MESCOM) to stop power supply to the petitioner''s unit. It is further directed to the Deputy Commissioner, Udupi District to seize the said industry until further orders.
2. The background of the impugned order appears to be that in spite of the notice dated 2.1.2014, petitioner had not made necessary amends and fresh complaints of noise pollution continued to be lodged. On an inspection held on 6.8.2014 it was observed by the officers of the Board that the industry had not complied with the directions issued to it and continued to cause nuisance in the locality. The noise level which was monitored at the petitioner''s house measured to be 66.5 dB and 70dB, which was much above the National Noise Standards of 55 dB for residential areas.
3. Admittedly, impugned order is made to be effective until further orders. It is open for the petitioner to either challenge the order in appeal in accordance with law or make necessary amends and make fresh application to the Karnataka State Pollution Control Board for the purpose of examining and then permitting the operations in the premises of the petitioner.
4. If the petitioner makes an application to the Board with the necessary plans for reducing and bringing down the noise level, we are sure, the State Pollution Control Board will favourably consider the request of the petitioner to allow temporary trial run of the industry and after measuring the noise level, grant permission to continue the operations, subject to such conditions as may have to be imposed. The petitioner may as well make an application, with concurrence of the KSPCB for temporary re-connection of electricity supply for the purpose of trial run and inspection by the Board.
5. Under the above circumstances and in view of the above observations recorded herein, petition is not pressed at this stage with a view to making an appropriate application to the Chairman of the Karnataka State Pollution Control Board, with a request to permit re-opening of the operation and re-connection of the power supply to submit to the inspection, which may be arranged by the Pollution Control Board, permitting the petitioner to prove that the noise level is brought down by necessary changes in the process or machinery, so as to meet the standards for noise fixed for the residential area.
6. Petition accordingly stands disposed, with no order as to cost.
