ANDREAS NARLENG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The case of the petitioner is that for the purpose of setting up of a stone crusher unit, he had proceeded to obtain a no objection certificate and other requisite clearances from various departments and was given the Consent to Establish on 17/8/2020, by the respondent No. 2 which was valid upto 31/7/2021, but due to several reasons, the same could not be fully set up and established. It appears that an inspection was conducted on 6/10/2020 of the stone crusher unit of the petitioner, by the respondent No. 2, wherein pursuant to a report thereto, a show cause notice dtd. 27/10/2020, was issued. The petitioner replied to the show cause by submitting that the stone crusher unit was not in operation but however, was imposed with environmental compensation of Rs.71,68,750.00 vide letter dtd. 24/11/2020. Thereafter, an explanation was filed by the petitioner to the said demand on 1/4/2021, reiterating his stand that his crusher unit is not in operation. The Respondents then by impugned Auction Sale Notice dtd. 14/2/2022, to realise the compensation put up the machinery of the petitioner for auction sale. Being aggrieved thereby, the petitioner is before this Court assailing the action of the respondents.

(2.) A perusal of the materials as provided in the writ petition reveals that though the Consent to Establish the stone crusher unit dtd. 17/8/2020, Inspection Report dtd. 7/10/2020, and the impugned Auction Sale Notice dtd. 14/2/2022 have been annexed, the show cause notice dtd. 27/10/2020, and the demand notices dtd. 24/11/2020, under Sec. 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Sec. 31A of the Air (Prevention and Control of Pollution) Act 1981, have not been annexed to the writ petition to enable this Court to ascertain as to who the addressee is in the said show cause notice and the demand notice for which replies had been filed.

(3.) In these circumstances, from the materials available the only aspect that can be noted is that the proceedings against the petitioner are part of the exercise which has been undertaken by the respondents in pursuance to orders of the National Green Tribunal (NGT) as evident from the Auction Sale Notice dtd. 14/2/2022.