Patna High Court
M/s S.G. ConstructionsversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the order imposing environmental compensation is appealable before the National Green Tribunal and therefore dismissed the writ petition, permitting the petitioner to approach the Tribunal.
Summary
The partnership firm S.G. Constructions filed a writ petition challenging two letters issued by the Chairman of the Bihar State Pollution Control Board that imposed an environmental compensation of Rs. 78,80,000 under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 and Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, and also sought to quash an inspection report allegedly forming the basis of the order. The petitioner sought certiorari to set aside the compensation, the inspection report, and to obtain a refund of amounts withheld, as well as a mandamus restraining further interference. The respondents argued that the order is appealable before the National Green Tribunal (NGT) under Section 33B of the Water Act. The Court observed that the appropriate remedy lies with the NGT and allowed the petitioner to approach the Tribunal within four weeks, condoning any limitation that may have accrued. Consequently, the writ petition was disposed without granting any writ relief, directing the petitioner to pursue the matter before the NGT.
Issues considered
- Whether the order imposing environmental compensation under the Air and Water Acts is amenable to writ jurisdiction of the High Court.
- Whether the petitioner can obtain a writ of certiorari to quash the compensation order and the inspection report.
- Whether the order is appealable before the National Green Tribunal under Section 33B of the Water (Prevention and Control of Pollution) Act, 1974.
Legislation cited
Subjects
- environmental compensation
- pollution control board
- Air Act
- Water Act
- National Green Tribunal
- certiorari
- writ jurisdiction
- limitation condonation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6980 of 2026
======================================================
M/s S.G. Constructions (A partnership Firm) having its branch office at Jagat
Amrawati Apartment, Flat No. A/16, Bailey Road, Near Officers Flat,
District- Patna-800001, its registered office -S.24, Manish Global Mall,
Sector-22, Dwarika, New Delhi-110075, through its Project Manager Mr.
Chandan Sinha, (male) aged about 45 years, son of Sri Ashok Kumar Sinha,
resident of A.R. Builder, Sanchar Nagar, Flat No. 611, 6th Floor, Block-8, P.S.
Khagaul, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Environment, Forest and
Climate Change, Bihar Govt. Patna.
2. The State Pollution Control Board, Parivesh Bhawan, Plot No. NS-B/2,
Patliputra Industrial Area, Patna-10, through the member Secretary, Bihar
State Pollution.
3. The Chairman, Bihar State Pollution Control Board.
4. The Bihar Urban Infrastructure Development Corporation Ltd., through its
Managing Director Bihar Urban Infrastructure Development Corporation
Ltd. Patna.
5. The Project Director, Sonpur S.T.P. and Adjoining Network Bihar Urban
Infrastructure Ltd. Bihar, Patna.
6. The Union of India through the Secretary, Ministry of Jal Shakti,
Department of Water Resources River Development and Ganga
Rejuvenation, Govt. of India, New Delhi.
7. The National Mission for Clean Ganga through the Director General,
National Mission for Clean Ganga (Ministry of Jal Shakti, Department of
Water Resources, River Development and Ganga Rejuvenation, Govt. of
India) 1 Floor, Major Dhaynchand National Stadium, India Gate, New
Delhi-110002.
8. The Chairman, National Mission for Clean Ganga (Ministry of Jal Shakti,
Department of Water Resources, River Development and Ganga
Rejuvenation, Govt. of India)) 1st Floor, Major Dhaynchand National
Stadium, India Gate, New Delhi-110002.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar Ray, Adv.
For the Respondent/s : Mr. Additional Solicitor General
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-06-2026 Heard the parties.
Patna High Court CWJC No.6980 of 2026(2) dt.18-06-2026
2/4
2. The present application has been preferred for the
following relief(s):
(ⅰ) for issuance of an appropriate
writ preferably in the nature of certiorari to
quash letter no. 285730 dated 26.08.2025,
issue under the signature of Chairman Bihar
State Pollution Control Board. (hereinafter to
be referred as Board) whereby and where
under in exercise of power under section 31A
of the Air (Prevention and Control of
Pollution) Act, 1981 and section 33A of the
Water (Prevention and Control Pollution) Act
1974 (herein referred as Act), imposing an
Environmental Compensation of Rs.
78,80,000/- (Rupees Seventy-Eight Lakhs
Eighty thousand only) on the petitioner's
company has been confirmed and the
petitioner has been directed to deposit the
same through Demand Draft drawn in name of
Member Secretary, Bihar State Pollution
Control Board, Patna failing which
appropriate proceeding will be initiated
against the petitioner's company for the
recovery of the compensation amount.
(ii) For issuance of further writ in
the nature of certiorari to quash letter no.
224636 dated 03.04.2025 issued under the
signature of Chairman whereby and where
under the petitioner's company has been
directed to deposit Rs. 78,80,000/- drawn in
Patna High Court CWJC No.6980 of 2026(2) dt.18-06-2026
3/4
favour of within 21 days from the received of
the letter failing which the direction as above
shall be confirmed without giving any further
notice.
(iii) For issuance of further writ in
the nature of certiorari to quash the alleged
inspection report dated 01.02.2025, by calling
upon the respondent to produce the same as it
has never been supplied to the petitioner at
any time which has been said to be the basis of
issuance of the impugned order.
(iv) for issuance of further writ in
the nature to refund the amount to the tune of
Rs. 7381105 and/or in the name of alleged in
cumulate company, which has been so
withheld and adjusted illegally and without
any authority of law
(v) For issuance of consequential
writ in the nature of mandamus commanding
and directing the respondent not to
interference with the function of the
petitioner's company in any manner save and
except as permissible under the law.
(vi) To any other relief or reliefs for
which the petitioners are found to be entitled
in the facts and circumstances of the case.
3. At the outset, Mr. Kumar Ravish representing the
Bihar State Pollution Control Board submits that the order dated
26.08.2025 (Annexure-P/2) is appealable before the National
Green Tribunal, Eastern Zone Bench, Kolkata under Section 33B
Patna High Court CWJC No.6980 of 2026(2) dt.18-06-2026
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(c) of the Water Prevention and Control of Pollution Act, 1970.
4. Learned counsel, after some argument, submits that
he will be availing the said remedy available before the NGT,
Eastern Zone, Kolkata and shall be filing appropriate petition in
next four weeks.
5. In view of the limited submissions put forward by the
parties, the writ petition is disposed of allowing the petitioner to
approach the aforesaid Tribunal in next four weeks so that a
reasoned order is passed in the matter. In view of the fact that the
petitioner was litigating the matter before this Court, limitation, if
any, has to be condoned if the petition is preferred in next four
weeks.
6. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay
Singh/Munindra
Kumar Sahu
U
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