Chief Justice's Court
Case :- WRIT - C No. - 138 of 2021 Petitioner :- M/S Maa Saraswati Granite Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kartikeya Saran Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
1. This petition for writ is preferred to assail the validity of the order dated 14.07.2020 passed by the Regional Officer, U.P. Pollution Control Board, Banda fastening a liability of Rs. 33,93,750/- for running a granite unit without having consent of U.P. Pollution Control Board. The order aforesaid has been passed in compliance of a decision taken by appropriate authority.
2. It is submitted by learned counsel appearing on behalf of petitioner that after receiving a notice to show cause a complete response was tendered but that has not been taken into consideration by authority concerned. It is also stated that the order passed by appropriate authority has not been supplied to petitioner and whatever document given to him is only a compliance order passed by Regional Officer, Banda.
3. Learned counsel appearing on behalf of U.P. Pollution Control Board has raised a preliminary objection about availability of an efficacious remedy under National Green Tribunal Act, 2010.
4. So far as the preliminary objection raised by learned counsel for respondents is concerned, we would like to state that this Court has already disposed of a petition of similar nature dealing with same objection. It would also be worthwhile to state that doctrine of approaching the Writ Court after exhausting all the remedies available is not a rule of law but a policy and self restrainment. A petition for writ can be well entertained if the impugned action is in violation of principle of natural justice or causes any injury to fundamental rights or is an outcome of extraneous considerations. In the case in hand the order impugned is in violation of principle of natural justice inasmuch as that does not contain reasons for fastening liability of Rs. 33,93,750/-. In view of it while deviating from the principle of approaching a Writ Court after exhausting all available alternative remedies, we deem it appropriate to entertain this petition.
5. As already stated the order impugned dated 14.07.2020, while fastening liability upon the petitioner, does not discuss the explanation tendered by petitioner. It is well settled that any order that causes any civil injury is always required to be passed after adhering the principle of natural justice atleast to the extent of "audi alteram partem". True it is, in the case in hand a notice to show cause was given but mere issuance of notice to show cause does not satisfy the doctrine of "audi alteram partem". The issuance of a speaking and reasoned order is an integral part of principle aforesaid and that is conspicuously absent in the order impugned. As such the same is bad, hence deserves to be set aside.
6. Accordingly, this petition for writ is allowed. Order dated 14.07.2020 and the order in pursuance to which this order was passed, are quashed. Appropriate authority shall pass an order afresh within a period of eight weeks from today after taking into consideration the explanation given by petitioner in pursuance to notice dated 09.01.2020.
7. No order as to costs.
Order Date :- 8.1.2021 AK (Saurabh Shyam Shamshery,J.) (Govind Mathur, C.J.) Digitally signed by JUSTICE GOVIND MATHUR Date: 2021.01.08 14:59:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Saurabh Shyam Shamshery Date: 2021.01.08 15:00:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad