The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4227 of 2011 Orissa Manganese and Minerals Ltd. …. Petitioners versus- State of Orissa and another …. Opposite Parties CORAM: JUSTICE S. PUJAHARI
Decision
Order No. 05. ORDER 23.03.2022 1. This matter is taken up through hybrid mode. 2. This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 23rd August, 2011 passed by the Opposite Party No.2-Collector, Sundergarh in Misc. Case No.45 of 2011 initiated under Section 19 of the Environment (Protection) Act, 1986 as well as the entire criminal proceeding. 3. Heard the learned counsel for the Petitioner and the learned counsel for the State-Opposite Parties. 4. The grievance of the Petitioner in this case for quashement of the order dated 23rd August, 2011 passed by the Opposite Party No.2- Collector, Sundergarh in Misc. Case No.45 of 2011, which reads as thus:- “Received letter No.11729/F&E dated 29.6.2011 of Government of Orissa, Forest & Environment Department. The said Letter indicates that while considering the proposal for environmental clearance in favour of the project on expansion of Orissa Manganese & Minerals Ltd. Orahuri Manganese Project of M/S Orissa Manganese & in villages Harischandrapur, Mineral Ltd., Kodadihi, & Nuagon under Koira Tahsili. It has come to located Page 1 of 4 // 2 // obtaining the notice of Govt. of India, Ministry of Environment Forests that the said mining project continued to operate during 2007-2010 i.e. after the lease became due for renewal without prior environmental clearance from the Ministry as required under EIA Notification 2006. This amounts to violation of various provisions of environment (Protection) Act, 1986. The intervening period during which the project was operating without obtaining environmental clearance would be treated as period of violation. requisite the Accordingly Government of India, Ministry of Environment & Forests requested the state Government to take cognizance action against the above unit by invoking powers under section-19 of the Environment (Protection) Act, 1986 for which the unit had operated without obtaining environment clearance. located Having taken assessment from the aforesaid letter, I have apparently reason to believe that M/s Orissa Manganese & Mineral Ltd. Orahuri Manganese Ore Mining Project in villages Harischandrapur, Kodadih and Nuagaon has continued to operate the said mining project during 2007-2010 i.e. after the lease became due for renewal without obtaining the requisite Prior environmental clearance from the Ministry as required under EIA Notification 2006 thereby violating various provisions of Environment (Protection) Act, 1986. Being empowered by the Central Government in S.O. 394(E) to take cognizance of offence committed within the jurisdiction of this revenue district and taking into the said letter of Government as well as the legal opinion of Learned Public Prosecutor, Sundargarh in his letter communicated vide No.256 dated 22.8.2011, this court is proceeding U/s 19 of Environment (Protection) Act, 1986 to take legal action against M/S Orissa Manganese & Mineral Ltd. Orahuri Manganese Ore Mining Project, in villages Harischandrapur, Kodadihi and Located for contravention of various provisions of Nuagaon environment (Protection) Act, 1986. Therefore issue notice to the Director M/s Orissa Mineral Ltd., Orahuri Manganese Ore Mining Project, At/Po. Koira, District Sundargarh the district sundargarh to appear before the court on the date fixed and to show cause as to why action as provided under Section-15 of Environment (Protection) Act, 1986 should in Page 2 of 4 // 3 // not be taken against him for violation of various provisions of Environment (Protection) Act, 1986. At the same time ask the Regional Officer, state Pollution, Regional Office, Sector-5 Rourkela to appear before the court along with detailed report on violation of the Provisions of Environment (Protection) Act, 1986 by M/s. Orissa manganese & Mineral Ltd. Orahuri Manganese Ore Mining Project on the date fixed. Deputy Director Mines, Koira is directed to appear before the court along with report and relevant records relating to lease of M/s. Orissa manganese & Minerals Ltd. Orahuri Manganese Ore Mining Project and violation of terms and conditions thereof on the date fixed for the case. Case Posted to 9.9.2011 appearance and show cause by the O.P.” 5. Needless to say that Section 19 of the Environment (Protection) Act, 1986 reads as thus:- Cognizance of offences.-No court shall take “19. cognizance of any offence under this Act except on a complaint made by- (a) the Central Government or any authority or officer authorised in this behalf by that Government; or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to the Central make Government or the authority or officer authorised as aforesaid.” complaint, to a 6. However, from the impugned order, it appears that the Opposite Party No.2-Collector, Sundergarh has misconstruing the authorization to lodge complaint by virtue of the aforesaid notification to proceed against the persons violating the provision of the Page 3 of 4 // 4 // Environment (Protection) Act arrogated itself to be court to try the offence. 7. Section 19 of the Environment (Protection) Act, 1986 mandates the court competent to try a case and for violation of the offence committed under the act, not to take cognizance of offence committed unless it is filed by a duly constituted complaint by the Central Government or person authorized by the Central Government or public on conditions precedent mentioned, the District Magistrate- cum-Collector is such a person authorized to lodge the complaint, it is not a court competent to take cognizance and try the accused alleged to have committed the offence. 8. Since the aforesaid order of the Opposite Party No.2- Collector, Sundergarh is without jurisdiction and as he is incompetent to take cognizance, this Court in exercise of the power under Section 482 of Cr.P.C. quash the criminal proceeding initiated against the Petitioner vide Misc. Case No.45 of 2011 pending in the file of Opposite Party No.2-Collector, Sundergarh. The Opposite Party No.2- Collector, Sundergarh shall on receipt of the copy of this order/production of the copy of this order, do the needful in this regard. 9. Urgent certified copy of this order be granted on proper application. (S. Pujahari) Judge DA Page 4 of 4