High Court of Punjab and HaryanaCRM-M/22394/2009disposed of

M/S Omaxe Ltd. And ORS. v. Regional Officer, Hry. St. Pollution Control Board

2019-04-11Mr. Justice Ramendra Jain2 pages

-1CRM-M-22394 of 2009 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22394 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, Faridabad 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 complaint case No.6 dated 12.03.2008 (Annexure P-9) titled as "Regional Officer, Faridabad Region, Haryana State Pollution Control Board v. M/s Omaxe Ltd. and others" under Section 15 of the Environment Protection Act, and summoning order dated 11.04.2008 (Annexure P-10) 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 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. RAVINDER SINGH 2019.04.

-2CRM-M-22394 of 2009 (O&M) Learned counsel for the respondent has not disputed the above submissions.

Heard.

In view of above, impugned complaint case No.6 dated 12.03.2008 (Annexure P-9) 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