RANJIT MEHTA AND ANOTHER Vs. REGIONAL OFFICER, GURGAON REGION, HARYANA STATE POLLUTION CONTROL BOARD AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint No.17/ 2009 dated 9.1.2009 (Annexure P-12) under Section 15 of the Environment Protection Act, 1986 (the Act for short) as well as summoning order dated 25.8.2009 (Annexure P-13), whereby the petitioners were summoned to face the trial and all the subsequent proceedings arising therefrom.

(2.) The contents of the complaint (Annexure P-12) read as under:-

(3.) Learned senior counsel for the petitioners has submitted that petitioner No.2, vide letter dated 17.1.2007 (Annexure P-5) had sought prior environmental clearance for the construction of IT/ ITES Services Campus at CP-11, Sector 8, IMT Manesar, Gurgaon from the Ministry of Environment and Forests, Government of India. The clearance was granted to petitioner No.2 by the Ministry vide its letter dated 12.6.2007 (Annexure P- 6). Petitioner No.2 had applied for grant of 'No Objection Certificate' to Chairman, Haryana State Pollution Control Board, Panchkula and the same was granted on 8.6.2007 (Annexure P-4). Thereafter, construction was started by petitioner No.2 on 20.6.2007. A letter dated 11.12.2008 (Annexure P- 9) was received by petitioner No.2 on 16.12.2008 from Regional office, Haryana State Pollution Control Board asking it to submit 'No Objection Certificate', Environment Clearance and Memorandum of Article of Association of Company. The said letter was duly replied by petitioner No.2 on 19.12.2008 (Annexure P-10). However, without verification of the facts, the complaint in question was filed on 9.1.2009 (Annexure P-12). The impugned summoning order had been passed by the Special Environmental Court on 25.8.2009 (Annexure P-13).