Allahabad High Court
Diamond Crown A Unit Of Bobby Tikki Wala ... vs State Of U.P. And 2 Others on 7 May, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:81231-DB Court No. - 40 Case :- WRIT - C No. - 12347 of 2024 Petitioner :- Diamond Crown A Unit Of Bobby Tikki Wala Pvt Ltd Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ankit Prakash,Rahul Agarwal Counsel for Respondent :- Avneesh Tripathi,C.S.C.,Kaushalendra Nath Singh Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Rahul Agarwal, learned counsel for the petitioner, Sri R.M. Upadhayay, learned Additional Chief Standing Counsel for the State-respondent No.1 and Sri Ankit Shukla holding brief of Sri Avneesh Tripathi, learned counsel for the respondent Nos.2 and 3 - NOIDA.
2. The present writ petition is preferred praying inter alia with the following relief:
"(i) Issue a Writ, order or direction in the nature of certiorari to quash the impugned penalty order dated 27.03.2024 having Reference No. Noida/VaPra(Jal-III)/2024/1410 by which the Respondents has imposed penalty of Rs.5,00,000/- (Rs. Five Lakh Only) (Annexure No.1) to this writ Petition issued by Respondents.
(ii) Issue a Writ, order or direction in the nature of mandamus commanding all the Respondent, not take any coercive steps against the Petitioner during pendency of the writ Petition."
3. Learned counsel for the petitioner states that the petitioner is running a banquet hall in the name and style 'Diamond Crown,' a unit of Bobby Tikki wala Pvt. Ltd., situated at Khasra no. 608, Hoshiyarpur, Sector 51, Noida, U.P. The Petitioner installed an Effluent Treatment Plant (in short 'ETP') in 2019. A commissioning cum handing over report for the 30KLD ETP was issued on 15.11.2019 by Malik Engineering Works along with the invoices. All requisite environmental clearances for air and water pollution control, ETP, and grease trap operation were obtained, including a valid consent order from the Uttar Pradesh Pollution Control Board. A Memorandum of Understanding with M/S AG Enviro Infra Projects Pvt. Ltd. was signed for solid waste collection. Learned counsel for the petitioner submits that despite compliance and obtaining necessary authorizations, the Noida authority issued a notice dated 07.03.2024 (Annexure-5 to the writ petition) demanding ETP and grease trap installation in the banquet hall within fifteen days, threatening heavy penalties, which was duly responded by the petitioner through a detailed response dated 19.03.2024 and endorsement by the Authority is also there as Paper No.39A, asserting the existence and functionality of the ETP and grease trap, yet the respondents arbitrarily imposed a Rs. 5,00,000/- penalty by the impugned order dated 27.03.2024 without considering the petitioner's objection. He submits that while passing the impugned order dated 27.03.2024, no inspection of the premises was conducted by the respondents and the impugned penalty order lacks due consideration and application of mind, being mechanical and printed without factual scrutiny. The unjust penalty imposition threatens substantial losses to the petitioner.
4. Per contra, Sri Ankit Shukla holding brief of Sri Avneesh Tripathi, learned counsel for the respondent Nos.2 and 3 - NOIDA has vehemently opposed the writ petition and submits that as earlier notice was given to the petitioner on 07.03.2024, therefore, no interference is required with the impugned order dated 27.03.2024.
5. Considering the precise case as has been set up before us that in response to the earlier notice dated 07.03.2024, the petitioner has already filed the objection dated 19.03.2024, therefore, at this stage, it cannot be disputed that the said objection was received in the office of the respondent which is reflected as an endorsement on the said objection dated 19.03.2024 but the impugned order imposing penalty fails to consider the petitioner's response at all. Accordingly, we find that the impugned order dated 27.03.2024 is unsustainable in law and the same is set aside. We direct the authority concerned to proceed and pass a fresh order expeditiously preferably within six weeks from the date of production of a certified copy of this order but certainly after considering the objection which has been filed by the petitioner on 19.03.2024.
6. With the aforesaid direction, the writ petition stands disposed of.
Order Date :- 7.5.2024 NLY