Allowed

M/S.Hotel Sagara Kanya v. Principal Sec.FandE Dept.

Orissa HC10 Aug 2016WP(C)/10972/2016

Case brief

AI extract

What is this about?

The High Court, Writ Bench allowed the writ petition as no hearing was afforded to the petitioner before issuing a notice demanding Rs.6 lakhs. The impugned notice was set aside and a show-cause notice was directed.

What did the court decide?

Impugned notice dated 12.5.2016 set aside; petitioner directed to file show-cause within 3 weeks; authority to hold personal hearing and pass order within 4 weeks.

This writ application has been filed by the petitioner challenging the notice dated 12 .5.2016 of the opposite party no.3, Regional Officer, State Pollution Control Board, Balasore under Annexure-4.

As it appears, the Regional Officer vide impugned notice has requested the petitioner to deposit Rs.6,00,000/-(rupees six lakhs) in the shape of bank draft in favour of Member Secr etary, State Pollution Control Board, Odisha and payable at Bhubaneswar, failing which closure direction issued to the unit of petitioner namely M/s. Hotel Dhamarai Palace shall not be rev oked. Such an order was stated to have been passed as per the order dated 2.3.2016 of the Nat ional 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 to the tune of Rs.6,000,00/-(Rupees six lakhs) to the Board and therefore, the impugned notice under Annexur e-4 is not sustainable in the eye of law on the ground of violation of principle of natural justice. He further contends that if opportunity is given, the petitioner can satisfy the auth ority concerned that he is not liable to pay any penalty/environmental compensation.

imposing the penalty/compensation amount and such notice was issued merely in pursuance of the order passed by the National Green Tribunal dated 2.3.2016, in the fitness of things, it is r equired that he must give an opportunity of personal hearing to the petitioner before passing any adverse order against him.

Accordingly, while setting aside the impugned notice dated 12.5.2016 under Ann exured-4, 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.

M/S.Hotel Sagara Kanya v. Principal Sec.FandE Dept.

Case brief

What is this about?

What did the court decide?

M/S.Hotel Sagara Kanya v. Principal Sec.FandE Dept.

Case brief

What is this about?

What did the court decide?

What the court decided

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