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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Hindustan Copper Limited – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's involvement in mining without clearance. (Para 2 , 3) |
| 2. arguments on validity of the complaint under section 19. (Para 4 , 5 , 6) |
| 3. state's justification for complaint validity. (Para 7 , 8) |
| 4. court's analysis on authority delegation. (Para 9) |
| 5. defence of petitioner regarding operating consent. (Para 10) |
| 6. court's dismissal of the petition. (Para 11 , 12) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the order dated 20.10.2020 passed by learned Additional Chief Judicial Magistrate, Ghatsila in connection with Complaint Case no. 271 of 2020 whereby learned Additional Chief Judicial Magistrate, Ghatsila has taken cognizance for the offence punishable under Section 15 of the Environment (Protection) Act, 1986, inter alia against the petitioner and passed the summoning order.
3. The brief fact of the case is that the petitioner M/s Hindustan Copper Limited, Surda Mines, was involved in the said mine, producing the copper ores, during the year 1992-93 to 2018-19 without obtai
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....
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 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....
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.
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