Rajasthan High Court - Jodhpur
Vipin Kumar Chugh vs Rajsthan State Pollution Control Board on 3 August, 2022
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6847/2022
Vipin Kumar Chugh, Aged About 45 Years, Huf Through Its Karta
Vipin Kumar S/o Sh. Ratanlal, Aged About 45 Years, R/o 68/2
Gb, Anupgarh District, Sriganganagar
----Petitioner
Versus
1. Rajsthan State Pollution Control Board, Through
Secretary, Headquarter, 4, Institutional Area, Jhalana
Doongri, Jaipur.
2. Environmental Engineer (Environment Compensation),
Rajasthan State Pollution Control Board, Jaipur
----Respondents
For Petitioner(s) : Mr. Muktesh Maheshwari
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 03/08/2022 Learned counsel for the petitioner-company has submitted that the Rajasthan State Pollution Control Board vide order dated 08.03.2022 (Annexure-8) has imposed an environmental compensation to the tune of Rs.24,85,000/- without giving any opportunity of hearing to the petitioner-company. 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 (Downloaded on 03/08/2022 at 09:25:09 PM) (2 of 2) [CW-6847/2022] 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 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.
Stay petition is also disposed of.
(VIJAY BISHNOI),J 28-AjaySingh/-
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