A B MULTIPLEX PVT LTD AND OTHERS Vs. REGIONAL OFFICER, GURGAON REGION, HARYANA, STATE POLLUTION CONTROL BOARD, PANCHKULA

JUDGEMENT

(1.) Vide this order, above mentioned two petitions would be disposed of as the controversy involved in both the cases is same.

(2.) Facts are stated from CRM No.M-13289 of 2012. Petitioners have filed these petitions seeking quashing of the complaint No.38/2008 dated 21.10.2008 and complaint No.47/2008 dated 21.10.2008 filed against them under Section 15 of the Environment Protection Act, 1986.

(3.) Learned counsel for the petitioners has submitted that the complaints in question were filed against the petitioners on the allegation that as per Notification dated 14.09.2006, it had been made compulsory for the petitioners to have obtained environmental clearance by the Central Government before starting any operations/projects etc. However, the petitioners had sought clarification from the Government of India, Ministry of Environment and Forests and vide Annexure P-8, it had been informed to the petitioners that they did not require any environmental clearance from the Union Ministry of Environment & Forests of the Sate Environment Impact Assessment Authority under the new EIA Notification, 2006 as amended on 01.12.2009.