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.

JUDGMENT :

Heard Mr. Anoop Kumar Mehta, the learned counsel for the petitioners, Mr. Ashish Kumar Thakur, the learned counsel for the O.P.No.2 and Mr. Vishwanath Rai, the learned counsel appearing on behalf of the respondent State.

2. In all these two petitions, a common question of law is involved and that is why both these petitions have been heard together with consent of the parties.

3. In Cr.M.P. No.1320 of 2016, the prayer is made for quashing of the order dated 07.01.2015 including the entire criminal proceeding in connection with O.C.R. No.02 of 2015, pending in the court of learned S.D.J.M., Rajmahal.

4. In Cr.M.P. No.103 of 2016, the prayer is made for quashing of the entire criminal proceeding including the order taking cognizance dated 16.04.2014 arising out of O.C.R. No.57 of 2014, pending in the court of learned S.D.J.M., Rajmahal.

5. In O.C.R. No.2 of 2015 which is the subject matter in Cr.M.P.No.1320 of 2016 the prosecution case arises out of a written complaint lodged by the Opposite Party No.2 on 7.1.2015 in the court of the learned Additional Chief Judicial Magistrate, Rajmahal, District-Sahibganj on the following allegations-

(a) The Complainant/Opposite Party No. 2 is an officer of the Jharkhand State Pollution Control Board and is the Regional Officer of the said Board, posted at Dumka and is a public servant within the meaning of Section 21 of the Indian Penal Code read with Section 21 of the Environment (Protection) Act, 1986.

(b) Sri Dilip Agarwal, the Managing Director of M/s. Standard Mercantile Co. (Processing Division) Pvt. Ltd. (wrongly recorded as 'Processing Division' instead of 'Mining Division), is having an area of 69.73 Hectares in Mouza - Ray Bazar, P.S.-Rajmahal, District Sahebganj.

(c) Vide letter no. R-38 dated 4.3.2010 the unit of the petitioner was directed to stop production and also by another letter no. 3002 dated 27.12.2014, the accused was directed to immediately stop processing of China Clay and Silica Sand operated by him as well as disposal of solid and liquid waste into the River Ganga and its bed but the accused in spite of closing the said unit continued operation of the plant.

(d) The Complainant/Opposite Party No. 2 vide letter no. B-42 dated 2.1.2015 has been authorised by the competent authority to file complaint under the provision of the Water (Prevention and Control of Pollution) Act, 1974 and therefore, he is competent to do so.

(e) The Accused-Company and their officials named in the complaint have/has committed offence under the Water (Prevention and Control of Pollution) Act, 1974 for which they are liable to be prosecuted and punished.

6. In O.C.R. No.57 of 2014 which is the subject matter in Cr.M.P.No.103 of 2016 the prosecution case arises out of a written complaint lodged by the Opposite Party No.2 on 15.4.2014 in the court of the learned Additional Chief Judicial Magistrate, Rajmahal, District-Sahibganj on the following allegations -

(a) The Complainant/Opposite Party No. 2 is an officer of the Jharkhand State Pollution Control Board and is the Regional Officer of the said Jharkhand State Pollution Control Board, Dumka and is a public servant within the meaning of Section 21 of the Indian Penal Code read with Section 21 of the Environment (Protection) Act, 1986.

(b) Sri Dilip Agarwal, (petitioner herein), the lessee of M/s. Standard Mercantile Co. (Mining Division) Pvt. Ltd., is having an area of 65.197 Hectares in Mouza - Ray Bazar, P.S. - Rajmahal, District - Sahebganj.

(c) Vide letter contained in memo no. 1240 dated 28.9.2004 the Dy. Secretary, Department of Mines and Geology, Government of Jharkhand has informed that mining lease was in operation during the period 7.10.1994 to 6.1.2014 without environmental clearance, which is a violation of the provisions of the Environment (Protection) Act, 1986.

(d) By a letter no. J-11015/2010/2013-IA.II(M) dated 6.2.2014 and J-11015/438/2012-IA.II(M) dated 12.4.2013, the Ministry of Environment & Forests, New Delhi (MoEF) address