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Patna High Court

Toshiba Water Solutions Pvt. Ltd. in JV with Chevrox Constructions Pvt. Ltd.versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order directing the petitioner to deposit environmental compensation was quashed as it was passed without due process, and the Board must conduct a transparent re‑inspection.

Summary

The petitioner, Toshiba Water Solutions Pvt. Ltd. (in JV with Chevrox Constructions), challenged an order dated 27.08.2025 issued by the Chairman of the Bihar State Pollution Control Board directing it to deposit Rs.12,20,000 as environmental compensation. The petitioner alleged that the inspection leading to the fine was conducted behind its back, no inspection report was provided, and the Board failed to apply its mind to the petitioner’s submissions, violating principles of natural justice under the Water (Prevention & Control of Pollution) Act, 1974. The High Court held that the Board had indeed failed to comply with procedural requirements and quashed the impugned order. It directed the Board to re‑inspect the premises with the petitioner’s representative present, to videograph the entire inspection, and to furnish the inspection report along with the video recording. The writ petition was thereafter disposed.

Issues considered

  • Whether the order directing environmental compensation was passed in violation of the principles of natural justice.
  • Whether the Bihar State Pollution Control Board complied with the procedural requirements of the Water (Prevention & Control of Pollution) Act, 1974 in conducting the inspection.
  • Whether the order can be set aside by a writ of certiorari.

Legislation cited

Subjects

  • environmental compensation
  • pollution control board
  • natural justice
  • inspection
  • videography
  • certiorari
  • writ petition
  • Water (Prevention & Control of Pollution) Act

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.761 of 2026
     ======================================================
     Toshiba Water Solutions Pvt. Ltd. in JV with Chevrox Constructions Pvt. Ltd.
     through its lead Partner Toshiba Water Soloutions Pvt. Ltd. having its
     registered office at Pioneer Urban Square, 4th Floor Tower-D, Sector- 62,
     Gurugram, 122098 through its Site Incharge, STP Chapra, namely Ankit
     Kumar, aged about 31 years, male, Son of Awadhesh Kumar Singh, resident
     of Near D.A.V. Public School, Gaachi Tola, Dumri, Begusarai, Bihar 850110
     currentl6y resididng at Maila Tanki, C/o BUIDCO, Near Road No. 6,
     Opposite Dheeraj optics, Rajendra nagar, Patna- 800004.

                                                                ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary, Environment, Forest and
     Climate Change Department, Govt. of Bihar, Patna.
2.   The Principal Secretary, Environment, Forest and Climate Change
     Department, Govt. of Bihar, Patna.
3.   The Secretary, Environment, Forest and Climate Change Department, Govt.
     of Bihar, Patna.
4.   The Bihar State Pollution Control Board, Parivesh Bhawan, Plot No. NS-
     B/2, Patliputra Industrial Area, Patliputra, Patna- 800010 through the
     Member Secretary, Bihar State Pollution Control Board, Patna.
5.   The Chairman, Bihar State Pollution Control Board, Parivesh Bhawan, Plot
     No. NS-B/2, Patliputra Industrial Area, Patliputra, Patna- 800010.
6.   The Member Secretary, Bihar State Pollution Control Board, Parivesh
     Bhawan, Plot No. NS-B/2, Patliputra Industrial Area, Patliputra, Patna-
     800010.
7.   Bihar Urban Infrastructure Development Corporation Ltd., through its
     Managing Director, Bihar Urban Infrastructure Development Corporation
     Ltd., Patna.
8.   The Managing Director,         Bihar   Urban    Infrastructure     Development
     Corporation Ltd. Patna.
9.   The Project Director, BUIDCO, Chapra (Saran).
10. The Deputy Project Director, BUIDCo, Chapra (Saran).
11. The Executive Engineer, Bihar Urban Infrastructure Development
    Corporation Ltd., Chapra, Saran.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Ashish Giri, Sr. Advocate
                                   Ms. Riya Giri, Advocate
                                   Mr. Sumit Kr. Jha, Advocate
     For the Respondent/s   :      Mr. Standing Counsel (18)
     For the BSPCB          :      Mr. Abhimanyu Singh, Advocate
     For the BUIDCO         :      Mr. Rabindra Priyadarshi, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
         Patna High Court CWJC No.761 of 2026(5) dt.30-04-2026
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                                                  ORAL ORDER

5   30-04-2026                 Heard Mr. Mr. Ashish Giri, learned Senior Counsel

                   for the petitioner duly assisted by Ms. Riya Giri, Mr.

                   Abhimanyu Singh, learned counsel for respondent nos. 04 to

                   06 as also the             Rabindra Priyadarshi representing the

                   respondent nos. 07 to 11.

                               2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(i) to issue writ/order or direction in

                                      the nature of Certiorari for quashing the order

                                      contained in Ref. No.285955 dated 27.08.2025

                                      issued under the signature of the Chairman,

                                      Bihar State Pollution Control Board by which

                                      the petitioner was directed to the deposit

                                      Rs.12,20,000/- (Rupees Twelve Lakhs Twenty

                                      Thousand             Only)   as     environmental

                                      compensation in the name of Member Secretary,

                                      Bihar State Pollution Control Board.

                                                  (ii) to produce and set aside the

                                      inspection team report of the Bihar State

                                      Pollution Control Board dated 01.02.2025 and

                                      the report of the committee of the State Board on
Patna High Court CWJC No.761 of 2026(5) dt.30-04-2026
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                             the basis of which environmental compensation

                             has been imposed upon the petitioner.

                                         (iii) to pass interim / ex-parte interim

                             order staying the operation of order contained in

                             Ref. No.285955 dated 27.08.2025 issued under

                             the signature of the Chairman, Bihar State

                             Pollution Control Board by which the petitioner

                             was directed to the deposit Rs.12,20,000/-

                             (Rupees Twelve Lakhs Twenty Thousand Only)

                             as environmental compensation in the name of

                             Member Secretary, Bihar State Pollution Control

                             Board.

                                         (iv) to any other relief or reliefs for

                             which the petitioners are found to be entitled in

                             the facts and circumstances of the case.”

                      3. This order be read in continuation of the order

          dated 09.04.2026 wherein a detailed order was passed and it is

          relevant to record paragraphs 14 to 16 which read as under:

                                         14. Having heard the parties and

                                         perusing the records, it is clear that

                                         ‘the Board’ has utterly failed in its

                                         duty. The inspection was done behind
Patna High Court CWJC No.761 of 2026(5) dt.30-04-2026
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                                         the      back   of    the     petitioner/his

                                         representative, no inspection report

                                         was handed over but on the basis of

                                         the said report, a fine was imposed.

                                         Pursuant to the notice issued, the

                                         petitioner presented his case.

                                         15.      However,    in     complete    non-

                                         application of mind and without

                                         answering to the points raised by the

                                         petitioner, an order dated 27.08.2025

                                         was passed by the Chairman of ‘the

                                         Board’ reiterating its earlier stand.

                                         16. The petitioner has clearly made

                                         out a case. However to be fair to ‘the

                                         BUIDCO’ as also to ‘the Board’, it

                                         would      be   appropriate      that    the

                                         petitioner file reply to the counter-

                                         affidavit filed on behalf of both ‘the

                                         Board’ as also ‘the BUIDCO’ in the

                                         next two weeks.

                      4. Pursuant thereto, the reply to the counter affidavit

          has been filed and the stand of the petitioner once again is/are
Patna High Court CWJC No.761 of 2026(5) dt.30-04-2026
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          that:

                                        (i) inspection took place behind the

                                        back of the petitioner and/or his

                                        representative;

                                        (ii) no inspection report was handed

                                        over to the petitioner which forms

                                        basis for the imposition of the fine.

                        5. In paragraph-18 of the said order dated

          09.04.2026 that from now on, it will be mandatory for the

          Bihar State Pollution Control Board (henceforth for short ‘the

          Board’) to do the videography of the entire movement of their

          officials from the visit to the premises/inspection             till the

          report is prepared, signed and they leave the place. This is

          needed for the complete transparency both on the part of the

          person/premises where the visit/inspection takes place as also

          ‘the Board’ to show their bona-fide that they have acted in

          accordance with law. ‘The Board’ shall be duty bound to

          provide pen drive of the inspection alongwith the inspection

          report.

                        6. So far as the present case is concerned, in view

          of the aforesaid facts that has been recorded, the reference

          no. 224633 dated 03.04.2025 (Annexure-P/7 to the writ
         Patna High Court CWJC No.761 of 2026(5) dt.30-04-2026
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                   petition) as also reference no. 285955 dated 27.08.2025

                   issued by the Chairman of ‘the Board’ (Annexure-P/9 to the

                   writ petition) both issued by the Chairman of ‘the Board’

                   stands quashed.

                                 7. ‘The Board’ is at liberty to re-inspect the

                   premises of the petitioner in accordance with law and must

                   ensure that:

                                                    (i)    the    representative    of    the

                                                    petitioner firm is present at the time

                                                    of inspection line with the provision

                                                    of Water(Prevention & Control of

                                                    Pollution) Act, 1974;

                                                    (ii)    the   entire    inspection     be

                                                    videographed uninterrupted;

                                                    (iii) the inspection report alongwith

                                                    the    pen    drive    must    be    made

                                                    available to the petitioner’s firm.

                               8. With the aforesaid observation, the writ petition is

                   disposed of.

                                                 (Rajiv Roy, J)
Ravi/-

U


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