M/S S.G. Constructions v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6980 of 2026 ====================================================== M/s S.G. Constructions (A partnership Firm) having its branch office at Jagat Amrawati Apartment, Flat No. A/16, Bailey Road, Near Officers Flat, District- Patna-800001, its registered office -S.24, Manish Global Mall, Sector-22, Dwarika, New Delhi-110075, through its Project Manager Mr. Chandan Sinha, (male) aged about 45 years, son of Sri Ashok Kumar Sinha, resident of A.R. Builder, Sanchar Nagar, Flat No. 611, 6th Floor, Block-8, P.S. Khagaul, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Environment, Forest and Climate Change, Bihar Govt. Patna.

2.

The State Pollution Control Board, Parivesh Bhawan, Plot No. NS-B/2, Patliputra Industrial Area, Patna-10, through the member Secretary, Bihar State Pollution.

3.

The Chairman, Bihar State Pollution Control Board. 4.

The Bihar Urban Infrastructure Development Corporation Ltd., through its Managing Director Bihar Urban Infrastructure Development Corporation Ltd. Patna.

5.

The Project Director, Sonpur S.T.P. and Adjoining Network Bihar Urban Infrastructure Ltd. Bihar, Patna.

6.

The Union of India through the Secretary, Ministry of Jal Shakti, Department of Water Resources River Development and Ganga Rejuvenation, Govt. of India, New Delhi.

7.

The National Mission for Clean Ganga through the Director General, National Mission for Clean Ganga (Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, Govt. of India) 1 Floor, Major Dhaynchand National Stadium, India Gate, New Delhi-110002.

8.

The Chairman, National Mission for Clean Ganga (Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, Govt. of India)) 1st Floor, Major Dhaynchand National Stadium, India Gate, New Delhi-110002.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar Ray, Adv.

For the Respondent/s :

Mr. Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2026 Heard the parties.

2/4

2. The present application has been preferred for the following relief(s):

( ) for issuance of an appropriate i writ preferably in the nature of certiorari to quash letter no. 285730 dated 26.08.2025, issue under the signature of Chairman Bihar State Pollution Control Board. (hereinafter to be referred as Board) whereby and where under in exercise of power under section 31A of the Air (Prevention and Control of Pollution) Act, 1981 and section 33A of the Water (Prevention and Control Pollution) Act 1974 (herein referred as Act), imposing an Environmental Compensation of Rs.

78,80,000/- (Rupees Seventy-Eight Lakhs Eighty thousand only) on the petitioner's company has been confirmed and the petitioner has been directed to deposit the same through Demand Draft drawn in name of Member Secretary, Bihar State Pollution Control Board, Patna failing which appropriate proceeding will be initiated against the petitioner's company for the recovery of the compensation amount.

(ii) For issuance of further writ in the nature of certiorari to quash letter no. 224636 dated 03.04.2025 issued under the signature of Chairman whereby and where under the petitioner's company has been directed to deposit Rs. 78,80,000/- drawn in

3/4 favour of within 21 days from the received of the letter failing which the direction as above shall be confirmed without giving any further notice.

(iii) For issuance of further writ in the nature of certiorari to quash the alleged inspection report dated 01.02.2025, by calling upon the respondent to produce the same as it has never been supplied to the petitioner at any time which has been said to be the basis of issuance of the impugned order.

(iv) for issuance of further writ in the nature to refund the amount to the tune of Rs. 7381105 and/or in the name of alleged in cumulate company, which has been so withheld and adjusted illegally and without any authority of law (v) For issuance of consequential writ in the nature of mandamus commanding and directing the respondent not to interference with the function of the petitioner's company in any manner save and except as permissible under the law.

(vi) To any other relief or reliefs for which the petitioners are found to be entitled in the facts and circumstances of the case.

3. At the outset, Mr. Kumar Ravish representing the Bihar State Pollution Control Board submits that the order dated 26.08.2025 (Annexure-P/2) is appealable before the National Green Tribunal, Eastern Zone Bench, Kolkata under Section 33B

4/4 (c) of the Water Prevention and Control of Pollution Act, 1970.

4. Learned counsel, after some argument, submits that he will be availing the said remedy available before the NGT, Eastern Zone, Kolkata and shall be filing appropriate petition in next four weeks.

5. In view of the limited submissions put forward by the parties, the writ petition is disposed of allowing the petitioner to approach the aforesaid Tribunal in next four weeks so that a reasoned order is passed in the matter. In view of the fact that the petitioner was litigating the matter before this Court, limitation, if any, has to be condoned if the petition is preferred in next four weeks.

6. The writ petition is disposed of with aforesaid observation.

(Rajiv Roy, J) Vijay Singh/Munindra Kumar Sahu U