PHILLIPS CARBON BLACK LTD. Vs. REGIONAL OFFICER, BHUJ

JUDGEMENT

(1.) The petitioners are before this Court under Sec. 482 of the Criminal Procedure Code and under Sec. 226 of the Constitution of India with a prayer to quash and set aside the Criminal Case No.1385 of 2008 pending before the Court of learned JMFC, Mundra, Kutch as well as to quash and set aside the summons dtd. 16/1/2009 issued by the learned JMFC in the said case.

(2.) It is stated by the petitioners that the petitioner no.1- Company is registered under the Companies Act, 1956, having the registered office at Kolkata and Mumbai and the company is engaged in manufacturing carbon black having its factories located at (I) R.N.Mukherjee Road, Durgapur, West Bengal (ii) Karimugal, Kochi, Kerala and (iii) N.H. No.8, G.I.D.C. Plot No.1, Palej, Gujarat. It is stated that the company was desirous of installing another factory at village Mokha, Taluka Mundra, District Kutch.

(3.) The allegations against the petitioner is in respect of non-compliance of the notification dtd. 14/9/2006 issued by the Ministry of Environment & Forests for the purpose of obtaining prior environmental clearance in context of Clause II of the said notification at the proposed site at Mundra. It is stated that as per the notification dtd. 14/9/2006, the appropriate government had mandated to obtain prior environmental clearance in respect of new projects and / or activities and / or construction work and / or land by the project management in accordance with the categories earmarked in the notification. It is stated by the petitioner that their project at Mundra falls under category A and for the purpose of obtaining prior environmental clearance the procedures as laid down is required to be followed. The petitioners had applied on 31/5/2007 to the appropriate authority for obtaining environmental clearance for the installation of new carbon block manufacturing plant and co-generation of power plant at Mundra, District Kutch, Gujarat.