Court set aside pollution board notice demanding deposit without hearing, directed filing of show-cause notice, and restricted coercive action pending compliance.
Impugned notice set aside; petitioner directed to file show-cause within 3 weeks; hearing to be afforded; no coercive action till order passed.
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W.P.(C) No.10262 of 2016
19.08.2016
Heard learned counsel for the petitioner and learned counsel for the State.
This writ application has been filed by the petitioner challenging the notice dated 12
.05.2016 of the opposite party no.3, Regional Officer, State Pollution Control Board, Balasore
under Annexure-3.
As it appears, the Regional Officer vide impugned notice has requested the petitioner
to deposit Rs.3,00,000/-(rupees three lakhs) in the shape of bank draft in favour of Member Se
cretary, State Pollution Control Board, Odisha and payable at Bhubaneswar, failing which step
shall be taken up for closure of the unit of petitioner namely M/s. Hotel Santi Niwas. Such a
n order was passed in compliance to the order dated 04.04.2016 of the National Green Tribunal,
Eastern Zone Bench, Kolkata.
Learned counsel for the petitioner contends that no opportunity of hearing was afforde
d to the petitioner before asking him to pay penalty/environmental compensation of Rs.3,000,00
/-(Rupees three lakhs) to the Board and therefore, the impugned notice is not sustainable in t
he eye of law on the ground of violation of principle of natural justice. He further contend
s that if opportunity is given, the petitioner can satisfy the authority concerned that he is
not liable to pay any penalty/environmental compensation.
Since on the face of the impugned notice, it is clear
that the opposite party no.3 has not provided any opportunity of hearing to the petitioner bef
ore imposing the penalty/compensation amount and such notice was issued merely in pursuance of
the order passed in the National Green Tribunal dated 04.04.2016, in the fitness of things, i
t is required that he must give an opportunity of personal hearing to the petitioner before pa
ssing any adverse order against him.
Accordingly, while setting aside the impugned order dated 12.05.2016 under Ann
exured-3, I direct the petitioner to file his show cause before the State Pollution Control Bo
ard, Odisha within three weeks from today. In case such an objection is filed, the authority c
oncerned shall afford personal hearing to the petitioner and pass an order in accordance with
law within four weeks. Till then, no coercive action shall be taken against the petitioner.
The writ petition is disposed of.
It is made clear that if no show-cause is filed within the period stipulated above or
if the petitioner does not come forward for personal hearing, the opposite party no.3 is at li
berty to proceed in accordance with law.
S.K.Sahoo, J.
2
2
2 issues framed by the court
Whether a hearing must be afforded before imposing a penalty or environmental compensation.
Whether the notice issued for deposit of money without opportunity of hearing is sustainable.
1 provisions across 1 enactments
M/s. Hotel Santi Niwas
State Pollution Control Board, Odisha
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court