Bombay High Court
Cipla Limited And Ors vs State Of Maharashtra And Anr on 23 November, 2022
Author: Amit Borkar
Bench: Amit Borkar
901-apl1156-2022.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1156 OF 2022
Cipla Limited & Ors. ... Applicants
V/s.
The State of Maharashtra & Anr. ... Respondents
Mr. Aabad Ponda, Senior Advocate with Mr. Bhomesh
R. Ballan for the applicants.
Mr. R.M. Pethe, APP for respondent no.1/State.
CORAM : AMIT BORKAR, J.
DATED : NOVEMBER 23, 2022 P.C.:
1. Respondent no.2 has initiated prosecution against the applicants for offence punishable under section 15 of the Environmental Protection Act, 1986 for carrying out construction activities without obtaining prior environmental clearance as obligatory under the EIA Notification dated 14th September 2006.
2. Learned senior advocate for the applicants invited my attention to the circular dated 21st November 2006, and in particular clause (ii) which reads thus:
"(ii) Such projects for which NOCs issued before 14 th September 2006 will not be required to take Environmental Clearance under the EIA Notification, 2006."1 ::: Uploaded on - 24/11/2022 ::: Downloaded on - 24/11/2022 20:31:18 :::
901-apl1156-2022.doc
3. He also invited my attention to the minutes of the meeting held on 30th August 2022 of the Consent Appraisal Committee wherein it is resolved that the environmental clearance is not obligatory to the petitioner as it has been established before the concerned EIA Notification.
4. In that view of the matter, issue notice to the respondent no.2, returnable on 6th January 2023.
5. Till 11th January 2023, there shall be ad-interim relief in terms of prayer clause (d).
(AMIT BORKAR, J.) 2 ::: Uploaded on - 24/11/2022 ::: Downloaded on - 24/11/2022 20:31:18 :::