STATE OF UTTAR PRADESH Vs. ANAND ENGINEERING COLLEGE

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 19/12/2019 passed by the High Court of Judicature at Allahabad in Writ Petition Nos. 8339/2012 and 8340/2012, by which the High Court has allowed the said writ petitions preferred by the respondents herein and has set aside the order/notice imposing damages of Rs.10,00,00,000.00 (Rupees Ten Crores) for violation of the Environmental Protection Act, 1986, which was imposed in exercise of powers under Sec. 33 of the Wild Life (Protection) Act, 1972, the State of Uttar Pradesh through its Forest Department has preferred the present special leave petitions.

(2.) That the respondents herein are running an educational institution in the area at Agra-Mathura Road and that too in the close vicinity of the National Chambal Sanctuary Project undertaken by the State Government. That due to the effluent flowing out of the premises of the college that borders the Sanctuary has resulted in serious threat to the ecology of the area as well as causing environmental damage and consequently has endangered the flora and fauna as well as the wild life in the sanctuary. The Forest department issued various notices to the respondents right from the year 2003 onwards regarding threat to the environment on account of effluent flowing in the sanctuary area from the huge multi storied building of the institution. However, the respondents continued to discharge the effluent which, according to the Forest Department, resulted in serious environmental damage in the area and consequently endangered the wild life in the sanctuary. Therefore, by order dtd. 30/12/2011 the Forest Department of the State imposed damages of Rs.10,00,00,000.00 (Rupees Ten Crores) upon the respondents. The said order imposing damages upon the respondents was the subject matter before the High Court in the aforesaid writ petitions. At this stage, it is required to be noted that subsequently notice dtd. 10/2/2012 was issued to the original writ petitioners to ensure compliance of the provisions of the Water (Control and Removal of Pollution) Act, 1974 and the Air (Control and Removal of Pollution) Act, 1981 and also the Environmental Protection Act, 1986.

(3.) We have heard Shri V.K. Shukla, learned Senior Advocate appearing on behalf of the State. We have gone through the impugned judgment and order passed by the High Court. At the outset, it is required to be noted that the order/notice imposing damages of Rs.10,00,00,000.00 (Rupees Ten Crores) has been found to be in gross violation of the principles of natural justice. Nothing is on record to indicate that before imposing damages of Rs.10,00,00,000.00 (Rupees Ten Crores) any show cause notice was issued upon the original writ petitioners to show cause as to why the damages may not be imposed or for any violation of any of the provisions of the Wild Life (Protection) Act and/or the Environmental Protection Act and/or any other law. Neither the respondent was given any opportunity of hearing by the authorities concerned. There was no material on record to impose damages of Rs.10,00,00,000.00 (Rupees Ten Crores). Imposing damages of Rs.10,00,00,000.00 (Rupees Ten Crores), thus can be said to be without any basis and/or material and the extent of damagescaused to the environment and/or wild life sanctuary. Therefore, it cannot be said that the High Court has committed any error in setting aside the imposing of damages of Rs.10,00,00,000.00 (Rupees Ten Crores) which, as observed hereinabove, was found to be in breach of the principles of natural justice.