ORDER

This petition has been filed to quash the proceedings in C.C.No.347 of 2015 on the file of the learned Chief Judicial Magistrate, Chengleput, thereby taken cognizance for the offence under Section 15 r/w 16 & 19(a) of the Environment (Protection) Act, 1986, as against the petitioners.

2. The respondent filed complaint as against the petitioners for the offence punishable under Section 15 r/w 16 & 19(a) of the Environment (Protection) Act, 1986 alleging that first the petitioner/ accused is a company running under the name and style of M/s. SSM Builders & Promoters and is involved in the construction of building. The second petitioner/accused is the Managing Partner of the first accused and he is responsible for the conduct of its day to day affairs of the first accused company.

3. The Ministry of Environment and Forest, Government of India vide its environment impact assessment notification dated 14.09.2006, mandates that on and from the date of publication, the required construction of new projects or activities or the expansion of modernization of existing projects or activities listed in the Schedule of its notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India only after the prior environment clearance from the Central government or as the case may be, by the State level environment impact assessment authority.

4. The petitioners involved in project of constructing residential building area of more than 20,000 square meters. Therefore, it requires prior environmental clearance, as per the notification which is categorized as category B project as per schedule 8(a) of the above said notification. The accused project falls under category B Project and they have to obtained prior the environment clearance from the Tamil Nadu State Level Environment Impact Assessment Authority (SEIAA).

5. The petitioners submitted application on 24.07.2013 for obtained environment clearance for the proposed project. While it was pending, the petitioner had commenced and made substantial progress in its construction activity without any prior environment clearance. It is in violation of the provision of the notification and they are guilty of having committed offence under Section 15(1) r/w Section 16(1) of the Environment (Protection) Act, 1986.

6. The learned counsel appearing for the petitioners submitted that admittedly, the petitioners applied for prior environment clearance on 24.07.2013 and it was pending. Further, the respondent is not competent to file the present complaint. To initiate prosecution, the petitioners were not served with show cause notice. They were fined by the National Green Tribunal, New Delhi, for the very same set of allegations that they have commenced construction without prior environment clearance. Therefore, the complaint is hit by doctrine of double jeopardy.

6.1. He further submitted that the notification dated 12.12.2012 and subsequent notification dated 27.06.2013 were challenged before the National Green Tribunal and both the notification were declared as ultra vires. Therefore, the prosecution initiated under the above notifications also cannot be sustained, since already the notification itself declared as ultra vires. Hence, he prayed to quash the present proceedings.

7. The learned Advocate General appearing for the respondent submitted that admittedly the petitioner violated the provisions and without getting prior environment clearance, they put up the construction. Therefore, they were also fined by the National Green Tribunal, New Delhi. It is no way connected with the criminal prosecution, since it would not amount to doctrine of double jeopardy and they are completely different.

8. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

9. On perusal of records revealed that the petitioners are arrayed as A1 & A2. They are builders and promoters and they involved in the construction of