HC imposes cost on private company for ‘polluting stream of justice’

The High Court of Karnataka has imposed a cost of ₹1 lakh on a private company for approaching the court “with unclean hands and wanting to pollute the stream of justice” by suppressing vital document

The High Court of Karnataka has imposed a cost of ₹1 lakh on a private company for approaching the court “with unclean hands and wanting to pollute the stream of justice” by suppressing vital documents to get an interim order from the court in its favour in an issue related to polluting environment.

M/s SKF Boilers and Drivers Pvt. Ltd, near Moodbidri, had suppressed the action taken by the KSPCB on air and noise pollution but had merely pointed out the notice issued by the jurisdictional GP for closure of the industry. The court on November 11, 2021, had stayed the closure notice, issued by the Padumarnad GP on October 30, 2021, based on the claim made by the petition that the panchayat had ordered closure of company’s paddy-processing unit on complaints from the public about pollution without taking the view from the KSPCB. The company is actually engaged in manufacture of padding processing equipment.

The KSPCB, in its response sought by the court, had disclosed that the board had issued notice to the company on October 21, 2021 and the company had replied on November 4, and KSPCB had carried out an inspection on November 17. However, in the petition on November 10, 2021, the company had not disclosed initiation of action by the KSPCB by giving an impression that the panchayat had acted unilaterally without involving the board, which is the statutory body to assess allegation of pollution. The company had also to made the KSPCB as a party to the petition.