ULTRA HOME CONSTRUCTION PVT LTD AND OTHERS Vs. REGIONAL OFFICER, GURGAON REGION, HARYANA STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint No.36/ 2008 dated 21.10.2008 (Annexure P-10) titled as Regional Officer vs. M/s Ultra Home Construction Pvt.Ltd. and others under Section 15 of the Environment Protection Act, 1986 (the Act for short) as well as summoning order dated 17.11.2008 (Annexure P-11), whereby the petitioners were summoned to face the trial and all the subsequent proceedings arising therefrom.

(2.) The contents of the complaint (Annexure P-10) read as under:-

(3.) Learned senior counsel for the petitioners has submitted that the company had applied for approval of building plans for construction of Commercial Complex-cum-Corporate Hub at Commercial Complex Tower No. J. Sector 2 in Commercial Complex of Industrial Estate, I.M.T.Manesar District Gurgaon, Haryana on 8.10.2006 after allotment of land to it on 30.6.2006. Building plans were approved by the competent authority on 27.4.2007. Petitioner No.1 had applied for Environment Clearance Certificate vide application dated 29.6.2007 before the Director (IA-III), Ministry of Environment and Forests on 2.7.2007 (Annexure P-5). The clearance for construction of commercial complex was granted by the Ministry of Environment and Forests on 20.3.2008 (Annexure P-8). The complaint in question had been filed on 21.10.2008 (Annexure P-10) under Section 15 of the Act.