Patna High Court
M/S Utkarsh Sfatik Limited,versusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
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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
Patna High Court CWJC No.18780 of 2024(11) dt.12-01-2026
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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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