PANKAJ LOCHAN MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner by invoking inherent jurisdiction of this Court has questioned the legality and judicial propriety of the impugned order of cognizance under Sec. 15 of the Environment (Protection) Act, 1986 (hereinafter referred to as 'the Act') vide Annexure-2 and the entire criminal proceeding in 2(c)CC Case No. 40 of 2013 pending in the file of learned S.D.J.M., Bonai on the grounds inter alia that the same is not tenable in law and hence, liable to be interferred with and quashed in the interest of justice.

(2.) The learned court below has taken cognizance of the alleged offence and summoned the petitioner in connection with 2(c)CC Case No. 40 of 2013 filed alleging violation of the provisions of the said Act for having not obtained requisite environmental clearance from the Ministry of Environment and Forest (MoEF) during the period from 2000-01 to 2005-06. In fact, Government of Odisha has granted lease in respect of Iron and Manganese Mines in favour of M/s. M.G. Mohanty which had excess production over and above its capacity and the same was without having prior environmental clearance of the MoEF as was required under the Environmental Impact Assessment (EIA) Notification, 2006. With the above complaint received in 2(c)CC Case No. 40 of 2013, the learned court below took cognizance of the offence under Sec. 15 of the Act and issued process to the petitioner, who a partner of M/s. M.G. Mohanty.

(3.) Heard Mr. Sanjit Mohanty, learned Senior Advocate assisted by Mr. I. Acharya, Advocate appearing for the petitioner, Mr. Rout learned AGA for the State-opposite party Nos. 1 and 3 and Mr. S. Panda, learned counsel for Union of India-opposite party No. 2.