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SANJAY KUMAR DWIVEDI
Om Prakash Mishra @ O. P. Mishra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Indrajit Sinha along with Mr. Rishav Kumar, learned counsel for the petitioners, Mrs. Anuradha Sahay and Mr. Vishwanath Roy, learned counsel for the State and Mr. Rajesh Kumar, learned counsel for opposite party no. 2.
2. In these petitions, common complaint case and cognizance order have been challenged and that is why, all these petitions are being heard together with consent of the parties.
3. These petitions have been filed for quashing the entire criminal proceedings initiated as against the petitioners in connection with C/7 Case No. 15 of 2015 including the order dated 26.02.2015, whereby, cognizance has been taken against the petitions under Section 15 of Environment (Protection) Act, 1986, pending in the court of the learned Chief Judicial Magistrate, Chaibasa.
4. The complaint case was filed alleging therein that a mining lease for iron ore was granted in favour of Tata Steel Limited over an area of 1160.36 hectares in Noamundi, West Singhbhum. It was further alleged that environmental clearance was issued in favour of Tata Steel Limited by the Ministry of Environment and Forest, Government of India on 18.05.1994 and thereafter
The legal point established is that for liability under Section 16 of the Environment (Protection) Act, 1986, the accused must be directly in charge and responsible for the conduct of the company's b....
The complaint under the Environment (Protection) Act can be filed by authorized officers of the State Pollution Control Board, and the absence of explicit authorization resolution does not invalidate....
All mining operations require Environmental Clearance post-15.01.2016, and the Jan Vishwas Act does not retroactively decriminalize past violations of the Environment (Protection) Act.
Cognizance of environmental protection act offenses can only be taken on a complaint made by the Central Government or an authorized person, as required by the relevant acts.
The main legal point established in the judgment is that prosecution under the Environment (Protection) Act, 1986 may be considered an abuse of process of law if environmental clearance is granted af....
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