Sunil Shakdher And ORS. v. Union Of India And ORS.

-1CRM-M-19631 of 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-19631 of 2009 Date of Decision: 11.04.2019 Mr. Sunil Shakdher and another

...Petitioners

Versus

Union of India and others ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Ms. Salina Chalana, Advocate, for the petitioners. Ms. Amrita Nagpal, Advocate, for Mr. Lokesh Sinhal, Advocate, for HSPCB RAMENDRA JAIN, J. (ORAL) Through instant petition under Section 482 Cr.P.C. prayer has been made for quashing complaint No.36 dated 22.04.2009 (Annexure P-1) titled as "Union of India through Haryana State Pollution Control Board v. M/s Rangoli Buildtech Pvt. Ltd. and another" filed by respondent No.2 under Section 15 of the Environment Protection Act, 1986 read with Rule 5 (VII) of the Environment Protection Rules and summoning order dated 20.06.2009 (Annexure P-5) along with all subsequent proceedings arising therefrom.

Learned counsel inter alia contends that impugned complaint could not have been filed against the petitioners by the respondents in view of grant of "No Objection Certificate" (Annexure P-11) issued by the Chairman, Haryana State Pollution Control Board, Panchkula, much prior to the filing of complaint.

Learned counsel for the respondent has not been able to refute RAVINDER SINGH 2019.04.12 09:01 I attest to the accuracy and integrity of this document

-2CRM-M-19631 of 2009 above submission.

Heard.

In view of above, impugned complaint No.36 dated 22.04.2009 (Annexure P-1) along with all subsequent proceedings arising therefrom is quashed.

Disposed of.

(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