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Patna High Court

Toshiba Water Solutions Pvt. Ltd.versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order dated 27.08.2025 directing environmental compensation is quashed as it was passed without due process.

Summary

Toshiba Water Solutions Pvt. Ltd. filed a writ petition challenging an order dated 27.08.2025 of the Bihar State Pollution Control Board that directed the company to deposit Rs 1.07 crore as environmental compensation under the Water (Prevention & Control of Pollution) Act, 1974. 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 afford a hearing, violating principles of natural justice. The High Court held that the Board had not complied with statutory procedural requirements and therefore quashed the compensation order. The Court directed that any future inspection must be videographed, the inspection report and a pen‑drive copy be handed over to the petitioner, and the petitioner’s representative must be present during inspection. The writ petition was disposed of.

Issues considered

  • Whether the order imposing environmental compensation under the Water (Prevention & Control of Pollution) Act, 1974 is valid in view of alleged procedural irregularities.
  • Whether the Bihar State Pollution Control Board complied with the principles of natural justice and statutory procedure in conducting the inspection.
  • Whether the Board should be mandated to videograph inspections and provide inspection reports to the affected party.

Legislation cited

Subjects

  • environmental compensation
  • pollution control board
  • natural justice
  • inspection report
  • videography
  • Water Act
  • quashing order
  • writ petition
  • environmental law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.776 of 2026
     ======================================================
     Toshiba Water Solutions 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 currently residing 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, The Chief General Manager, Bihar Urban
     Infrastructure Development Corporation Ltd., Patna.
9.   The Chief General Manager, BUIDCo, Patna.
10. The Project Director (Civil) Town Development Division, East Patna,
    BUIDCo, Patna.
11. The Executive Engineer, Town Development Division, East Patna, Bihar
    Urban Infrastructure Development Corporation Ltd., Patna.

                                               ... ... 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. Ravi Kumar, AC to GP-13
                                   Mr. Akshay Lal Prasad, AC to GP-13
     For the BSPCB          :      Mr. Abhimanyu Singh, Advocate
         Patna High Court CWJC No.776 of 2026(5) dt.30-04-2026
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                 For the BUIDCO          :        Mr. Lalit Kishore, Sr. Advocate
                                                  Mr. Rabindra Priyadarshi, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   30-04-2026                 Heard Mr. Ashish Giri, learned Senior counsel for the

                   petitioner duly assisted by Ms. Riya Giri, Mr. Rabindra

                   Priyadarshi, learned counsel representing the Bihar Urban

                   Infrastructure Development Corporation Ltd (henceforth for

                   short, ‘the BUIDCO’) and Mr. Abhimanyu Singh, learned

                   counsel representing the Bihar State Pollution Control Board

                   (henceforth for short, ‘the Board’) as also the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                                “i. To issue writ/order or direction in the

                                   nature of Certiorari for quashing the order

                                   contained in Ref. No. 285957 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.

                                   1,07,00,000/- (Rupees One Crore Seven Lacs Only)

                                   as environmental compensation in the name of

                                   Member Secretary, Bihar State Pollution Control

                                   Board.

                                                ii. To produce and set aside the
Patna High Court CWJC No.776 of 2026(5) dt.30-04-2026
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                          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 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.285957 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.1, 07,00,000/- 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 passed in the case of Toshiba Water

          Solutions Pvt. Ltd. vs. The State of Bihar & Ors. (CWJC

          No. 761 of 2026) where in the facts were incorporated in

          paragraphs 14 to 16 which read as under:

                                      “14. Having heard the parties and
Patna High Court CWJC No.776 of 2026(5) dt.30-04-2026
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                          perusing the records, it is clear that ‘the Board’

                          has utterly failed in its duty. The inspection was

                          done behind 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 once again of the petitioner is/are

          that:

                                        (i) inspection took place behind the
Patna High Court CWJC No.776 of 2026(5) dt.30-04-2026
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                                        back of the petitioner and/or his

                                        representative;

                                        (ii) no inspection report was handed

                                        over to the petitioner which forms

                                        basis of the imposition of the fine.

                        5. In paragraph-18 of the said order dated

          09.04.2026 it has been recorded 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. The respondents ‘Pollution Control Board’

          though try to justify their action but have failed to answer to

          the claim put forward by the petitioner that inspection took

          place behind their back and the inspection report was not

          provided before this imposition of the fine.
          Patna High Court CWJC No.776 of 2026(5) dt.30-04-2026
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                                  7. In view of the aforesaid facts, reference no.

                    285957 dated 27.08.2025 (Annexure-P/8 to the writ petition)

                    issued by the Chairman of ‘the Board’ stands quashed.

                                  8. ‘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.

                                9. With the aforesaid observation, the writ petition is

                    disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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