STATE OF UTTAR PRADESH AND OTHERS versus ANAND ENGINEERING COLLEGE AND ANOTHER

Citation: [2022] 13 S.C.R. 80 · Decided: 12-07-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 13 S.C.R.
STATE OF UTTAR PRADESH AND OTHERS
v.
ANAND ENGINEERING COLLEGE AND ANOTHER
(Petition For Special Leave to Appeal (Civil) Nos. 10084-85/2022)
 JULY 12,2022
[M. R. SHAH AND B. V NAGARATHNA, JJ.]
Principle/Doctrines – Principle of Natural justice –
Opportunity of hearing before imposing damages u/s. 33 of the
Wild Life (Protection ) Act,1972 – College of the respondents is in
close vicinity of a Sanctuary – The effluent flowing out of the premise
of college is causing serious environmental damage in the Sanctuary
area – Forest Department issued several notices from the year 2003
onward to the college to stop discharging the effluent in the
sanctuary area but the respondents continued to discharge the
effluent, which resulted in serious environmental damage in the area
– Forest department by an order dated 30.12.2011 had imposed
damages of Rs. 10 crore upon the respondents – The High Court set
aside the order of imposing the damages – On appeal, held: The
imposing of damages of Rs. 10 crore is in gross violation of principles
of natural justice – No opportunity of hearing by the forest
department was given to the respondents – Admittedly, no show cause
notice was issued to the respondents – Authority cannot impose
damages and for that authority has to initiate appropriate
proceedings before the appropriate court/forum to determine/
ascertain the damages – Authority could not have straightway
imposed damages in exercise of powers u/s. 33 of the 1972 Act –
Order of High Court was not interfered with – SLPs disposed of –
Wild Life (Protection ) Act,1972.
EXTRA-ORDINARY APPELLATE JURISDICTION: Special
Leave Petition (C) Nos. 10084-85 of 2022.
From the Judgment and Order dated 19.12.2019 of the High Court
of Judicature at Allahabad in Writ (C) Nos. 8339 of 2012 and Writ (C)
Nos. 8340 of 2012.
V.K. Shukla, Sr. Adv., Rajeev Kumar Dubey, Ashiwan Mishra,
Ms. Vaidruti Mishra, Kamlendra Mishra, Advs. for petitioners.
[2022] 13 S.C.R. 80
80
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The Order of the Court was passed by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 19.12.2019 passed by the High Court of Judicature at
Allahabad in Writ Petition Nos. 8339/2012 and 8340/2012, by which
the High Court has allowed the said writ petitions preferred by the
respondents herein and has set aside the order/notice imposing damages
of Rs. 10,00,00,000/- (Rupees Ten Crores) for violation of the
Environmental Protection Act, 1986, which was imposed in exercise of
powers under Section 33 of the Wild Life (Protection) Act, 1972, the
State of Uttar Pradesh through its Forest Department has preferred the
present special leave petitions.
2. That the respondents herein are running an educational institution
in the area at Agra-Mathura Road and that too in the close vicinity of the
National Chambal Sanctuary Project undertaken by the State Government.
That due to the effluent flowing out of the premises of the college that
borders the Sanctuary has resulted in serious threat to the ecology of the
area as well as causing environmental damage and consequently has
endangered the flora and fauna as well as the wild life in the sanctuary.
The Forest department issued various notices to the respondents right
from the year 2003 onwards regarding threat to the environment on
account of effluent flowing in the sanctuary area from the huge multi
storied building of the institution. However, the respondents continued
to discharge the effluent which, according to the Forest Department,
resulted in serious environmental damage in the area and consequently
endangered the wild life in the sanctuary. Therefore, by order dated
30.12.2011 the Forest Department of the State imposed damages of
Rs.10,00,00,000/- (Rupees Ten Crores) upon the respondents. The said
order imposing damages upon the respondents was the subject matter
before the High Court in the aforesaid writ petitions. At this stage, it is
required to be noted that subsequently notice dated 10.02.2012 was issued
to the original writ petitioners to ensure compliance of the provisions of
the Water (Control and Removal of Pollution) Act, 1974 and the Air
(Control and Removal of Pollution) Act, 1981 and also the Environmental
Protection Act, 1986.
2.1 Before the High Court, it was the case on behalf of the original
writ petitioners that the order imposing damages was in gross violation
STATE OF UTTAR PRADESH AND OTHERS v. ANAND
ENGINEE
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