High Court of Punjab and HaryanaCRM-M/16254/2009disposed of

M/S Omaxe Limited And ORS. v. Regional Officer, Sonepat Region, Haryana State

2019-04-11Mr. Justice Ramendra Jain2 pages

-1CRM-M-16254 of 2009 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16254 of 2009 (O&M) Date of Decision: 11.04.2019 M/s Omaxe Limited formerly known as Omaxe Construction Ltd./Omaxe Builders Private Limited and others

...Petitioners

Versus

Regional Officer, Sonepat Region, Haryana State Pollution Control Board ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Ms. Isha Goyal, Advocate, for the petitioners. Ms. Amrita Nagpal, Advocate, for Mr. Lokesh Sinhal, Advocate, for the respondent. RAMENDRA JAIN, J. (ORAL) Through instant petition under Section 482 Cr.P.C. prayer has been made for quashing case titled as "Union of India, Ministry of Environment and Forests through Sh. R.K. Sharma, Regional Officer, Haryana State Pollution Control Board, Sonepat Region, Sonepat v. M/s Omaxe Construction Ltd. and others" under Section 5(VII) of the Environment Protection Rules read with Section 15 of the Environment Protection Act, 1986 (Annexure P-7) and summoning order dated 07.11.2008 (Annexure P-8) along with all subsequent proceedings arising therefrom.

Learned counsel for the petitioners inter alia contends that before filing the impugned complaint, petitioners were already having Environment Clearance Certificate. Therefore, impugned complaint filed against the petitioners by the respondents is bad in law. Learned counsel RAVINDER SINGH 2019.04.12 09:01 I attest to the accuracy and integrity of this document

-2CRM-M-16254 of 2009 (O&M) submits that similar issue has already been decided by this Court vide order dated 23.08.2011 passed in CRM-M-26803 of 2010. Therefore, instant petition may also be disposed of in same terms. Learned counsel for the respondent has not disputed the above submissions.

Heard.

In view of above, impugned complaint (Annexure P-7) along with all subsequent proceedings arising therefrom is quashed. Petition is disposed of in terms of order dated 23.08.2011 passed in CRM-M-26803 of 2010.

(RAMENDRA JAIN) April 11, 2019 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2019.04.12 09:01 I attest to the accuracy and integrity of this document