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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Sanjay Kumar Singh, Son Of Bipin Bihari Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. introduction of writ petition and factual background (Para 2 , 4) |
| 2. arguments regarding environmental clearance requirements (Para 5 , 6) |
| 3. court's observations on sufficient grounds for cognizance (Para 7 , 8 , 9) |
| 4. conclusion to quash criminal proceedings (Para 10 , 11) |
JUDGMENT :
Anil Kumar Choudhary, J.
1. Heard the parties.
2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the entire criminal proceeding in connection with Complaint Case No. 918 of 2022 including the order taking cognizance dated 27.09.2022, passed in the said case by the learned Chief Judicial Magistrate, Seraikella.
3. Though notices were served upon the respondent nos. 2 & 3 but no one turns up on behalf of the respondent nos. 2 & 3 in-spite of repeated calls.
4. The brief fact of the case is that the respondent no.3 filed Complaint Case No. 918 of 2022 alleging therein that M/s Vidhi Developers Private Limited of which the petitioner nos. 1 & 2 are said to be directors and though the Environment Impact Assessment (EIA) Notification bearing No. S.O. 1533 (E) dated 14.09.2006 of the Ministry of Enviro
Criminal proceedings under the Environment (Protection) Act may be quashed if no requisite environmental clearance is mandated due to construction area being below the statutory threshold.
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....
The main legal point established in the judgment is the requirement for fresh appraisal and prior clearance for changes in the scope of construction projects, as well as the applicability of penal pr....
The court established that statutory exemptions for industrial sheds, along with undue delay in prosecution, render the charges unsustainable.
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....
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