High Court of Punjab and HaryanaCRM-M/22740/2010disposed of

M/S Maksad Estate & Hardware Ltd v. Union Of India & ORS

2019-04-11Mr. Justice Ramendra Jain2 pages

-1CRM-M-22740 of 2010 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22740 of 2010 (O&M) Date of Decision: 11.04.2019 M/s Maksad Estate & Hardware Limited

...Petitioner

Versus

Union of India and others ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Sunish Bindlish, Advocate, and Mr. Naman Jain, Advocate, for the petitioner. 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 case No.7 dated 07.11.2008 titled as "Union of India, Ministry of Environment & Forests through Sh. R.K. Sharma, Regional Officer, Haryana State Pollution Control Board, Sonepat Region, Sonepat v. M/s Maksad Estate & Hardware Limited (Eldeco Infrastructure & Properties Ltd., SU 12-13, Bhikaji Kama Place, Murthal, G.T. Road, Sonepat (Maksad Estate & Ors.)" under Section 15 of the Environment Protection Act read with Rule 5 (VII) of the Environment Protection Rules, and summoning order dated 07.11.2008 along with all subsequent proceedings arising therefrom.

Learned counsel for the petitioner inter alia contends that before filing the impugned complaint, petitioner was already having Environment Clearance Certificate. Therefore, impugned complaint filed RAVINDER SINGH 2019.04.12 09:01 I attest to the accuracy and integrity of this document

-2CRM-M-22740 of 2010 (O&M) against the petitioner 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. Learned counsel for the respondent has not disputed the above submissions.

Heard.

In view of above, impugned complaint case No.7 dated 07.11.2008 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