Chief Justice's Court
Case :- WRIT - C No. - 42240 of 2019 Petitioner :- Perfect Prop Build (P) Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Singhal Counsel for Respondent :- C.S.C.,Hari Nath Tripathi,Manoj Kumar Sinha
Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner.
Respondent no. 1 is represented by learned Standing Counsel, respondent no. 2 is represented by Mr Shambhu Chopra, learned Senior counsel assisted by Sri Manoj Kumar Sinha, Advocate and respondent nos. 3 & 4 are represented by Mr Vishnu Pratap Singh, Advocate.
By this petition for writ, the validity of order dated 29.11.2019 passed by the Chief Environment Officer (Circle-I), UP Pollution Control Board is assailed.
Under the order aforesaid, while asking the explanation as to why appropriate steps be not taken against the petitioner for causing damage to the Environment, a compensation to the tune of Rs. 3,28,50,000/- has been demanded.
It is brought to our notice that National Green Tribunal, Principal Bench (New Delhi) in Original Application No. 889 of 2019 (Residents of Antrikish Kanball 3G, Sector-77, Noida Vs State of UP and others) after considering an inspection report submitted by the State Pollution Control Board, vide order dated 02.12.2019 directed the Board to take further action in accordance with law and file compliance report before the next date i.e. on 11.2.2020.
According to learned counsel for the petitioner, demand of compensation is wholly without jurisdiction and further that no demand for compensation could have been made without considering the explanation submitted by the petitioner in pursuance of the notice/order dated 29.11.2019.
Learned counsel appearing on behalf of UP Pollution Control Board states that entire issue is seized with National Green Tribunal, Principal Bench, New Delhi in Original Application No. 889 of 2019, hence, if petitioner is having any grievance with the compensation demanded, then the appropriate course is to approach the National Green Tribunal and not by invoking an extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India.
We have considered the arguments advanced.
True it is, National Green Tribunal under order dated 02.12.2019 in Original Application No. 889 of 2019, kept the State Pollution Control Board at liberty to take further action against the petitioner but that must be in accordance with law.
The U. P. Pollution Control Board vide notice dated 29.11.2019 at one hand directed the petitioner to furnish explanation regarding the damage caused and as to why further action be not taken, and on the other hand demanded a sum of Rs. 3,28,50,000/- against compensation.
We fail to understand as to how the Pollution Control Board determined the compensation without taking into consideration the explanation tendered by the petitioner. The Pollution Control Board should have first consider and decide the explanation submitted by the petitioner and then should have proceed with any action, if required.
In view of whatever stated above, we deem it appropriate to dispose off this petition for writ by setting aside the notice/order dated 2911.2019 to the extent that demands a compensation to the tune of Rs. 3,28,50000/- without taking into consideration the explanation tendered by the petitioner.
The matter, being related to cause damage to the environment, requires expeditious consideration of the explanation submitted by the petitioner to taken further action in accordance with law. Therefore, we deem it appropriate to direct the Chief Environment Officer (Circle -I), UP Pollution Control Board to consider and decide the issue for which the petitioner is called upon under notice dated 29.11.2019 in accordance with law on or before 1.2.2020.
Order Date :- 19.12.2019 RavindraKSingh (Vivek Varma, J.) (Govind Mathur, C.J.)