Probhat Bauri Versus West Bengal Pollution Control Board & Ors.

Coram: Hon’ble Mr. Justice Adarsh Kumar Goel, Chairperson Hon’ble Mr. Justice Sheo Kumar Singh, Judicial Member Hon’ble Dr. Nagin Nanda, Expert Member
Keywords: environmental norms
Decision: Dismissed
Date: 10.03.2021
The application sought direction to prosecute and punish the Member Secretary of the West Bengal Pollution Control Board and other officers impleaded as party, under Sections 26 and 28 of the NGT Act, 2010 for violating order of this Tribunal dated 31.01.2017 in O.A. 154/2016 (EZ). Prayer was also to direct grant of consent in favour of the applicant by the State PCB.
The Tribunal found that prayers for prosecution and punishment were not maintainable before this Tribunal. Under section 30 of the NGT Act, cognizance of the said offences could be taken only by a Magistrate on a compliant. There was also no merit in prayer for direction to grant consent to operate in execution of order 31.1.2017, supra. The said order was passed against the functioning of the present applicant, at the instance of original applicant, as the applicant herein was functioning in violation of environmental norms, without consent to operate. The Tribunal directed closure of the unit and the unit was accordingly closed.
Therefore, the application was dismissed.