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Patna High Court

M/S Utkarsh Sfatik Limited,versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order dated 17‑10‑2024 is set aside as it contravenes statutory provisions and the principles of natural justice.

Summary

The petitioners, comprising Utkarsh Sfatik Limited and several flat owners in the City Centre Mall, Patna, challenged an order dated 17‑10‑2024 issued by the Bihar State Pollution Control Board that altered the ambient noise limits in their residential and commercial zones. They alleged that the order was passed without any prior notice or opportunity to be heard, violating the Air (Prevention and Control of Pollution) Act, 1981, the Noise and Pollution (Regulation Control) Rules, 2000, principles of natural justice, and Article 14 of the Constitution. The High Court examined whether the Board had complied with statutory procedural requirements and found that no notice of measurement was given and the petitioner was not present during the measurement. Consequently, the Court held the order to be perverse, arbitrary, and ultra vires. The Court set aside the impugned order and remitted the matter to the Board to issue a proper notice, afford a hearing, and pass a reasoned order in accordance with law.

Issues considered

  • Whether the order dated 17‑10‑2024 modifying the emission consent conditions violates the Air (Prevention and Control of Pollution) Act, 1981 and the Noise and Pollution (Regulation Control) Rules, 2000.
  • Whether the order was passed in violation of the principles of natural justice by not providing notice or an opportunity to be heard.
  • Whether the order is arbitrary and violative of Article 14 of the Constitution.

Legislation cited

Subjects

  • environmental law
  • air pollution
  • noise pollution
  • natural justice
  • procedural fairness
  • constitutional law
  • Article 14
  • emission consent
  • pollution control board

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.18780 of 2024
     ======================================================
     M/S Utkarsh Sfatik Limited, Mall Office, City Centre, patna, Opposite Fire
     Station, Buddh Marg, Lodipur, Patna-800001 through its authorized
     Representative Saurabh Kashyap, Male, aged about 32 Years, S/o Ravindra
     Kumar Singh, R/o Nungalow No. 57B, New Quarter, Bhowra, Dhanbad, P.S.
     Bhowra, District-Dhanbad.

                                                              ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through its Secretary, Environment, Forest and Climate
     Change Department, Govt. of Bihar, Patna.
2.   The Bihar State Pollution Control Board, Patna through its Chairman.
3.   The Chairman, Bihar State Pollution Control Board, Patna.
4.   The Member-Secretary, Bihar State Pollution Control Board, Patna.
5.   Suresh Agrawal, Son of Late Banarsi Lal, Resident of Flat No. A 301, The
     Residency, City Centre Mall, Lodhipur, Patna - 800001.
6.   Rajnesh Bajaj, Son of Om Prakash Bajaj, Owner of Flat No. 1601, The
     Residency, City Centre Mall, Lodhipur, Patna 800001 and presently residing
     at 505, Pushpanjali Venkatesh Apartment near Land Development Bank,
     Patna-8000001.
7.   Nikhil Anand, Son of Arun Kumar, Flat No. A803, The Residency, City
     Centre Mall, Lodhipur, Patna-800001.
8.   Sanjay Boobna, Son of Late Shyam Kumar Boobna, resident of Flat No.
     601, The Residency, City Centre Mall, Lodhipur, Patna - 800001.
9.   Murari Lal Kamalia, Son of Late Satyanarayan Prasad Kamalia, resident of
     Flat No. A-701, The Residency, City Centre Mall, Lodhipur, Patna - 800001.
10. Smit Sourabh, Son of Shambhu Nath Prasad, Resident of Flat No. A-0901.
    The Residency, City Centr Mall, Lodhipur, Patna - 800001.
11. Shekhar Kumar, Son of Shri Krishna Kumar Singhania, resident of Flat No.
    A -201, The Residency, City Centre Mall, Lodhipur, Patna - 800001.
12. Kaushik Agrawal, Son of Dilip Kumar Agarwal, Resident of Flat No. 404,
    The Residency, City Centre Mall, Lodhipur, Patna - 800001.
13. Poddar Mayur, Son of Purushottam Das Poddar, Resident of Flat A - 205,
    The Residency, City Centre Mall, Lodhipur, Patna - 800001.
14. Saurav Mittal, Son of Ajay Mittal, Resident of Flat No. A -105, The
    Residency, City Centre Mall, Lodhipur, Patna-800001.
15. Ravi Kumar, Son of Sitaram Rajgudhiya, Resident of Flat No. A - 605, The
    Residency, City Centre Mall, Lodhipur, Patna - 800001.
16. Surendra Kedia, Son of Shri Mahavir Prasad Kedia, Resident of Flat-A-
    0003, The Residency, City Centre Mall, Lodhipur, Patna - 800001.
17. Vikas Kasera, Son of Late Vishnu Kumar, Resident of Flat-A-402, The
    Residency, City Centre Mall, Lodhipur, Patna - 800001.
18. Raj Kumar More, Son of Nand Lal More, Resident of Flat No. A-604, The
          Patna High Court CWJC No.18780 of 2024(11) dt.12-01-2026
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                  Residency, City Centre Mall, Lodhipur, Patna - 800001.
            19. Sanjay Kumar Mohanka, Son of Late Kashi Lall Mohanka, Resident of Flat
                No- A-501, The Residency, City Centre Mall, Lodhipur, Patna - 800001.
            20. Priyadarshi Puneet, Son of Bishwanath Agrawal Resident of Flat No. A-204,
                The Residency, City Centre Mall, Lodhipur, Patna - 800001.
            21. Arvind Kumar, Son of Bajrang Lal Dalmia, Resident of Flat No. A-1401,
                The Residency, City Centre Mall, Lodhipur, Patna - 800001.
            22. Anjani Banka, son of Narayan Prasad Banka, Resident of Flat No. A-203,
                The Residency, City Centre Mall, Lodhipur, Patna-800001.
            23. Anjani Kumari, Wife of Chandra Bhushan, Resident of Flat No. A-401, The
                Residency, City Centre Mall, Lodhipur, Patna-800001.
            24. Digambar Prasad, Son of Seema Prasad, Resident of Flat No-A-1305, The
                Residency, City Centre Mall, Lodhipur, Patna-800001.
            25. Chinta Jain, Son of Nayan Chandra Jain, Resident of Flat No-A-0004 and B-
                101, The Residency, City Centre Mall, Lodhipur, Patna - 800001.
            26. Saurav Tikmani, Son of Nayan Chandra Jain, Resident of Flat No -B-1004,
                The Residency, City Centre Mall, Lodhipur, Patna - 800001.
            27. Gopal Krishna Modi, Son of Gopi Krishna Modi, Resident of Flat No-B-
                0501, The Residency, City Centre Mall, Lodhipur, Patna-800001.
            28. Deepa Rani Wife of Arvind Kumar, Resident of Flat No-A-1402, The
                Residency, City Centre Mall, Lodhipur Patna- 800001.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :        Mr. K.N.Choubey, Sr. Advocate
                                                   Mr.Amit Shrivastava, Sr. Advocate
                                                   Mr.Rakesh Kumar Samrendra, Advocate
                  For the Intervenor      :        Mr.Satyabir Bharti, Sr. Advocate
                                                   Mr.Abhishek Anand, Advocate
                  For the BSPCB            :       Mr.Shivender Kumar, Advocate
                  For the Respondent/s    :        Mr.Standing Counsel (6)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

11   12-01-2026                   Heard Mr. K.N. Choubey, learned Senior Counsel for

                    the petitioner assisted by Mr. Rakesh Kumar Samrendra, learned

                    Advocate, Mr. Shivendra Kumar, learned counsel for the Bihar

                    State Pollution Control Board, Mr. Satyabir Bharti, learned

                    Senior Advocate for the private respondents and learned counsel
Patna High Court CWJC No.18780 of 2024(11) dt.12-01-2026
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          for the State.

                      2. The present petition has been filed by the petitioner

          seeking the following reliefs:-

                                    “(I) For a declaration that the impugned order dated
                       17.10.2024 passed by the Respondent No.3 issued vide memo No.
                       2430 dated 23.10.2024 is violative of the mandatory statutory
                       provisions contained in the Air (Prevention and Control of
                       Pollution) Act, 1981, the Noise and Pollution (Regulation Control)
                       Rules, 2000, Principles of natural justice and the same is wholly
                       without jurisdiction.
                                    (II) For a declaration that the impugned Order dated
                       17.10.2024 is perverse and arbitrary being violative of Article-14
                       of the constitution of of India.
                                    (III) For setting aside the order dated memo. No.
                       17.10.2024 (issued vide 2430 dated 23.10.2024) passed by the
                       Respondent No. 3 whereby the Emission Consent Order condition
                       No. 10 issued by the Bihar State Pollution control Board vide ref.
                       No. 2586 dated 04.08.2022 has been modified to the extent that
                       "the unit (City Centre, Patna) shall make all efforts to maintain
                       ambient air quality standards with respect to noise viz. 55 dB(a)
                       during day time and 45 dB (a) during night time in residential
                       blocks area considering residential area/ zone and 65 dB(a) during
                       day time and 55 dB (A) during night time in commercial area
                       commercial area/ zone.”


                      3. The simple argument of Mr. Choubey, learned

          Senior Counsel for the petitioner is that the impugned order

          dated 17.10.2024 has been passed without issuing any notice to

          the petitioner and is, therefore, in violation of law and the

          principles of natural justice. It is contended that no advance

          notice of measurement was given to the petitioner, nor was the
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                        measurement carried out in the presence of the petitioner.

                                    4. In view of the aforesaid circumstances, the present

                        application is allowed and the impugned order dated 17.10.2024

                        is hereby set aside.

                                    5. The matter is remitted back to the Bihar State

                        Pollution Control Board, which shall act in accordance with law.

                        The Board shall issue an advance notice to the petitioner, afford

                        an opportunity of hearing and thereafter proceed to pass a

                        reasoned order in accordance with law.



                                                  (Sandeep Kumar, J)
tusharika/-

U


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