Ferro Alloys Corporations Ltd. Vs Sub Divisional Magistrate (Orissa High Court)
Orissa HC Quashes Prosecution for Pre-CIRP Environmental Violations After Resolution Plan Approval Under Section 32A IBC
The petition sought quashing of Complaint Case No. 2(C) C.C. No. 19 of 2014 pending before the Judicial Magistrate First Class, Barbil, which had been instituted by the Sub-Divisional Magistrate, Champua, alleging violations of the Environment (Protection) Act, 1986.
The petitioner company had been granted a mining lease on 01.08.1998 for an area measuring 13.674 hectares in Keonjhar district under the Mines and Minerals (Development and Regulation) Act, 1957. The complaint, instituted on 06.03.2014, alleged that the mine did not possess valid Environmental Clearance or consent to operate for extraction of manganese ore up to 31.03.2011. It further alleged that mining operations and production continued during 2005-06, 2006-07, 2007-08 and 2009-10, with production exceeding permissible consented limits, particularly during 2008-09. Based on directions issued by the Ministry of Environment and Forests and the Forest & Environment Department, Government of Odisha, the complaint alleged production of manganese ore beyond approved limits during 01.04.2002 to 31.03.2009 without Environmental Clearance, amounting to contravention of the Environment (Protection) Act, 1986 and the EIA Notification, 1994, attracting prosecution under Section 15 of the Environment (Protection) Act, 1986. Cognizance was taken on 29.04.2014 and summons were issued. The petitioners appeared before the trial court on 04.07.2015.
