- (1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint No.17/ 2009 dated 9.1.2009 (Annexure P-12) under Section 15 of the Environment Protection Act, 1986 (the Act for short) as well as summoning order dated 25.8.2009 (Annexure P-13), whereby the petitioners were summoned to face the trial and all the subsequent proceedings arising therefrom.
(2.) The contents of the complaint (Annexure P-12) read as under:- "It is submitted on behalf of the complainant as under :- 1. That the Haryana State Pollution control Board is statutory body, having come into existence under special statue to perform the functions under The Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act and rules and regulations and notification issued there under and is having jurisdiction over whole of Haryana. In order to have proper and smooth functioning of the Board, the Board have established various Regional Offices and has appointed Regional Officers with powers delegated to them vide agenda items No. 135.7 and 135.8 passed in 135th meeting of Haryana State Pollution Control Board held on 10-05-2005. The copy of agenda items No. 135.7 is Annexure C-1 copy of agenda items No. 135.8 is Annexure C-2 and copy of minutes of 135 meeting is Annexure-3 C. 2. That Dr. C.V. Singh, Scientist 'C' is the Regional Officer of Gurgaon Region of Haryana State Pollution Control Board and is fully conversant with the fact and circumstances of the case and has been authorized to file the present complaint vide notification of Central Govt. under Clause (a) of Section 19 of the Environment Protection Act, 1986. The Copy of the notification is Annexure C-4 and the copy of letter of appointment of Dr. C.V. Singh, as Regional Office is Annexure C-5 3. That the accused No. 1 company is engaged in promoting and marketing and Construction of Commercial Complex, CP-11, Sector-8, IMT Manesar, Gurgaon and as per record available in office the accused No. 2 to 3 are its directors, 4 are its authorized signatory and are responsible for the day to day functioning of the accused No. 1 and are controlling the day to day affairs of the accused No.1 company and are liable to prosecuted for the acts and omissions and commissions done in the name of the accused No.1 Annexure C-6 is showing the status of the accused persons and incorporation of the company. 4. That Ministry of Environment and Forest Govt. of India, New Delhi has issued notification on Environment impact Assessment of Development Projects on dated 27-1-1994 (Annexure C-7) and further amended by notification dated 7-7-2004 (Annexure C-8) and further issued notification 14-09-2006 (Annexure C-9) whereby it was made compulsory to obtain Environmental Clearance by the Central Govt. before starting any operations projects etc, by any interested person or persons and all the procedure has been provided therein the notifications. 5. That the accused No. 1 has started new construction of Commercial Complex, CP-11, Sector-8, IMT Manesar, Gurgaon without obtaining any prior Environment Clearance from the Ministry of Environment and Forest as per the procedure laid down and as such this construction being raised in violation of Notification thereof, invites action U/s 15 of the Environment Protection Act. The offence of violation of the notification is continuos offence and is committed by the accused every moment/day by raising constructions and acts appended thereto, till the Environmental Clearance is obtained i.e 12-06-2006 by the accused person. 6. That accused were given notices as well as intimated through public advertisement/ notice about the violation which is annexed as (Annexure C-10), but the accused never try to remove/stop the violation by taking Environmental Protection Act, and now any environmental clearance after that will not hold good for the prior commission of the offence. 7. The Chairman of the Haryana State Pollution Control Board vide letter dated 05-12-2008 has asked the Regional Officer to file complaint against the accused company and its directors. The copy of letter dated 05-12- 2008 is Annexure C-11. 8. That all the accused being in charge and responsible persons for day to day functioning of the accused No. 1 have criminally conspired and has a criminal conspiracy to carried out the construction project in violation of the notification and has committed an offence punishable under Section 15 of the Environment Protection Act, as no Environmental Clearance has been obtained by the accused persons. 9. That the accused persons are carrying out illegal construction of their project without obtaining any prior approval from the Ministry of Environment and Forest as per the procedure laid down in the Notification and are violating the directions given under the notifications and thus committing an offence in Gurgaon which falls into the jurisdiction of the Hon'ble Court. It is, therefore, prayed that the accused may kindly be summoned and be prosecuted and punished in accordance with the law."
(3.) Learned senior counsel for the petitioners has submitted that petitioner No.2, vide letter dated 17.1.2007 (Annexure P-5) had sought prior environmental clearance for the construction of IT/ ITES Services Campus at CP-11, Sector 8, IMT Manesar, Gurgaon from the Ministry of Environment and Forests, Government of India. The clearance was granted to petitioner No.2 by the Ministry vide its letter dated 12.6.2007 (Annexure P- 6). Petitioner No.2 had applied for grant of 'No Objection Certificate' to Chairman, Haryana State Pollution Control Board, Panchkula and the same was granted on 8.6.2007 (Annexure P-4). Thereafter, construction was started by petitioner No.2 on 20.6.2007. A letter dated 11.12.2008 (Annexure P- 9) was received by petitioner No.2 on 16.12.2008 from Regional office, Haryana State Pollution Control Board asking it to submit 'No Objection Certificate', Environment Clearance and Memorandum of Article of Association of Company. The said letter was duly replied by petitioner No.2 on 19.12.2008 (Annexure P-10). However, without verification of the facts, the complaint in question was filed on 9.1.2009 (Annexure P-12). The impugned summoning order had been passed by the Special Environmental Court on 25.8.2009 (Annexure P-13).;