Rajasthan High Court - Jodhpur
M/S Godara Bricks vs Rajasthan State Pollution Control ... on 8 September, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12487/2022
M/s Godara Bricks, 87 Gb, Tehsil Anoopgarh, District Sri
Ganganagar Through Its Proprietor Preeti Godara D/o Shri
Sunder Singh Through Power Of Attorney Holder Gaurav Godara
S/o Shri Sunder Singh, Aged About 35 Years, R/o Ward No. 21,
Chak 68/2 Gb, Tehsil Anoopgarh, District Sri Ganganagar.
----Petitioner
Versus
1. Rajasthan State Pollution Control Board, Through Its
Member Secretary, Jhalana Industrial Area, Jhalana
Dungari, Jaipur.
2. Environment Engineer (Env. Comp.), Rajasthan State
Pollution Control Board, Headquarter, 4 Institutional Area,
Jhalana Dungari, Jaipur.
3. Appellate Authority, Air (Prevention And Control Of
Pollution), Jaipur.
----Respondents
For Petitioner(s) : Mr. D. S. Thind
Mr. Chandan Singh
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 08/09/2022 Heard learned counsel for the petitioner. Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by the decision of this Court in S.B. Civil Writ Petition No. 6847/2022 Vipain Kumar Chugh vs. Rajasthan State Pollution Control Board & Anr. decided on 03.08.2022.
Learned counsel for the petitioner has submitted that the Rajasthan State Pollution Control Board vide order dated (Downloaded on 08/09/2022 at 11:49:18 PM) (2 of 3) [CW-12487/2022] 08.03.2022 has imposed an environmental compensation to the tune of Rs.24,85,000/- without giving any opportunity of hearing to the petitioner-company.
Learned counsel for the petitioner further submits that vide communication dated 06.07.2022, the respondents have communicated that on account of non-deposition of the amount in pursuance of the order dated 08.03.2022, the action to close the units of the petitioner may be ordered.
It is also submitted that the order dated 08.03.2022 is not a speaking order. Learned counsel for the petitioner-company while placing reliance on an order passed by the National Green Tribunal, Principal Bench, New Delhi in Appeal No.22/2022 has submitted that the National Green Tribunal has set aside the demand raised by the Rajasthan State Pollution Control Board in the matter some of the brick kilen owners and the case of the petitioner-company is similar to that matter. It is further submitted that the National Green Tribunal has observed that as the due process of law has not been followed in passing the impugned order, the impugned order be treated as notice and the State Pollution Control Board shall pass a fresh order considering the stand of the appellant of that case, including any further updated reply.
Learned counsel for the petitioner- company has submitted that in view of the above, this writ petition may also be disposed of with a direction to the State Pollution Control Board to pass a fresh order after considering the stand/reply of the petitioner- company.
In view of the above discussion, this writ petition is disposed of. The order dated 08.03.2022 shall be treated as notice to the (Downloaded on 08/09/2022 at 11:49:18 PM) (3 of 3) [CW-12487/2022] petitioner-company. The petitioner-company may file its reply to the said notice and the State Pollution Control Board shall consider the same strictly in accordance with law and, thereafter, pass a fresh order within a period of eight weeks from the date of production of certified copy of this order.
It is made clear that till the competent authority decides the case of the petitioner, no coercive action shall be taken against the petitioner.
Stay petition is also disposed of.
(VINIT KUMAR MATHUR),J 285-KashishS/-
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