Shri.A.Palswamy v. The Deputy Commissioner And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/152/2026 Shri A. Palswamy Vs The Deputy Commissioner and another Mr. Gopala Binnu Kumar ... for the petitioner Ms. Babita Das ... for the respondents April 24, 2026 [SR] Item No.17 1.

The writ petition has been filed by the owner of a stone crusher unit. The petitioner alleges that by an order dated December 31, 2024, the Tehsildar, Sri Vijaya Puram, directed the petitioner to immediately cease and desist from operating the stone crusher unit on the concerned land, as such operation was deemed illegal, until further notice. By a subsequent order dated July 24, 2025, the Tehsildar directed that the stone crusher unit shall be sealed forthwith. Both orders, being connected, have been challenged in the present writ petition.

2.

Learned counsel submits that although a copy of the stay order dated December 31, 2024 was served on the petitioner after the same was passed, no proper notice of hearing or opportunity of representation was given to the petitioner before passing either of the orders.

3.

Learned counsel appearing for the respondent-authorities submits that a pollution clearance certificate is necessary for running a stone crusher unit in view of the obvious reason that the same creates environmental pollution.

4.

As such, it is contended that the Tehsildar was justified in passing of both the orders upon attributing sufficient reasons for the same.

5.

Although the court finds from the first order dated December 31,2024 that the Tehsildar was of the opinion that the petitioner does not possess the necessary pollution clearance certificate, the Tehsildar ought to have granted a prior opportunity of hearing to the petitioner at least for the petitioner to satisfy the Tehsildar as to whether the petitioner had actually obtained such certificate and/or he was at all operating the said unit, the latter component of which the petitioner denies before this Court.

6.

Moreover, the necessity of a pollution clearance certificate for running the unit was also a bone of contention, for which opportunity of hearing ought to have been given to the petitioner before passing even the stay order. 7.

The subsequent seizure order imposes a penalty on the petitioner by sealing the stone crusher unit altogether. Apart from the obvious consequence that the said unit may possibly degenerate or become dysfunctional due to disuse, the mere fact of sealing the same also adversely affects the livelihood of the petitioner, even if he subsequently obtains a pollution clearance certificate.

8.

In such view of the matter, the Court is of the opinion that a basic tenet of natural justice, that is, audi alteram partem, was squarely violated in passing both the orders without granting any opportunity of hearing to the petitioner.

9.

Hence, WPA/152/2026 is allowed on contest, thereby setting aside the impugned stay order dated December 31, 2024 and the impugned seizure order dated July 24, 2025 passed by the respondent no.2-Tehsildar and directing respondent no.2 to consider the necessity of passing a stay order and/or seizure order afresh upon giving adequate prior notice and a meaningful opportunity of hearing to the petitioner. Upon coming to his conclusions by passing a reasoned order, the Tehsildar shall communicate such order in writing to the petitioner.

10.

It is, however, made clear that the merits of the rival contentions of the parties have not been entered into at all and it will be open for respondent no.2 to consider the matter afresh on its own merits in accordance with law, pass a reasoned order and communicate the same to the petitioner, without being unduly influenced in any manner by any of the observations made above.

11.

It is further clarified that all questions, including the point of jurisdiction/authority of the Tehsildar to pass such orders, are kept open for being urged before the Tehsildar. 12.

There will be no order as to costs.

13.

Urgent Photostat certified copies of this judgment, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Sabyasachi Bhattacharyya, J.)