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State of U.P. vs. Anand Engineering College & Anr.

Not available · 2022 INSC 711Decided 12 Jul 2022
Not available

Background

Anand Engineering College operates near the National Chambal Sanctuary in Uttar Pradesh, and the State Forest Department alleged that effluent discharged from the college's buildings was damaging the sanctuary's ecology and wildlife. After years of notices, the Forest Department, invoking Section 33 of the Wild Life (Protection) Act, 1972, directly imposed damages of Rs. 10 crore on the college without issuing any prior show-cause notice. The Allahabad High Court quashed this order, holding that the Forest Department had no jurisdiction under that section to impose damages and that the action also violated natural justice.

Decision Breakdown

The Supreme Court agreed that Section 33 empowers the Chief Wild Life Warden to manage and protect a sanctuary, including steps like ordering closure of a polluting institution, but does not authorise the authority to unilaterally quantify and impose monetary damages; any claim for damages must be pursued before an appropriate court or forum. Since, in any event, no show-cause notice had been given before imposing the Rs. 10 crore penalty, the Court found no reason to interfere with the High Court's quashing of that order. It nevertheless clarified that the State remains free to take further protective steps under Section 33, including closure of the institution, if effluent discharge continues, provided it follows due process.

Lesson Learnt

Even a regulator acting to protect the environment must act within the four corners of its statutory power and follow natural justice; a general protective mandate does not itself create a power to impose financial penalties without specific legal authority and a fair hearing.

Official source (sci.gov.in)View Judgment (PDF)

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