Patna High Court
Toshiba Water Solutions Pvt. Ltd. in JV with Chevrox Constructions Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
2/6
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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