Court Finds Magistrate's Order Lacked Proper Application of Mind and Misinterpreted Consent Validity
In a significant ruling, the Allahabad High Court has quashed the summoning order issued against the executives of Larsen & Toubro (L&T) by a Special Judicial Magistrate in Lucknow. The order was originally issued under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981, on grounds of allegedly operating a plant without prior consent from the U.P. Pollution Control Board. The court found that the Magistrate failed to properly apply judicial mind and relied on incorrect facts regarding the consent validity.
The case involved a complaint by the U.P. Pollution Control Board alleging that L&T had established an industrial plant without obtaining necessary consent, violating Section 21 of the Air Act, 1981. However, L&T had presented evidence of a valid consent order from the Board, covering the period in question, which the Magistrate overlooked.
Justice Brij Raj Singh, presiding over the matter, noted that the consent was indeed valid from August 1, 2020, to July 31, 2022. The court pointed out that the Magistrate's decision was based on incorrect assertions in the complaint about the lack of prior consent, despite documentation proving otherwise.
The High Court emphasized the need for Magistrates to apply their minds and verify facts before issuing summons, referencing the Supreme Court's directive that sufficient grounds must be established through due application of mind. The court highlighted that the summoning order lacked reasoning and thus could not be sustained.
In light of these findings, the court set aside the summoning order dated February 19, 2022, and remitted the matter back to the Magistrate for fresh consideration with a directive to ensure diligent and reasoned application of mind.
The ruling underscores the judiciary's role in ensuring that procedural fairness and due diligence are observed in the administration of justice, particularly in environmental law compliance cases.
Bottom Line:
Summoning order issued by Magistrate under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 quashed due to lack of application of mind and incorrect reliance on facts regarding prior consent.
Statutory provision(s): Air (Prevention and Control of Pollution) Act, 1981 Section 37, Criminal Procedure Code, 1973 Section 482
