JUDGMENT
A.K. Yog and R.K. Rastogi, JJ.
1. Heard learned Counsel for the parties.
2. Dr. H.N. Tiwari, learned Counsel appearing on behalf of U.P. Pollution Control Board, in view of Court orders and findings in enquiry by Central Pollution Control Board, New Delhi (under Court order), submitted that the brick-kiln in question (subject matter of this Writ Petition), shall not be allowed or permitted to be operated in future. U.P. Pollution Control Board concedes that this brick-kiln was in violation of its norms; the permission given to operate it was contrary to directions of Central Pollution Control Board and its own norms and so now strict directions shall be issued to all concerned to ensure that brickkiln and other like activities likely to pollute ‘land’, ‘air’ or ‘water’ which are injurious to human being, animal and /or vegetation shall not be permitted and shall be properly checked.
3. Compliance-report filed in Court (on record) indicates that R.K. Singh (the then Regional Officer, Varanasi) has been awarded punishment of stoppage of 4 increments (with cumulative effect) with direction to be posted at Head Quarter at Lucknow and not to be given field charge as well as an adverse entry to be made in his Annual Confidential Record; Radhey Shyam (the then Regional Officer Azamgarh) has been awarded punishment of stoppage of one increment (with non cumulative effect), Fateh Bahadur Singh (the then Assistant Environmental Engineer, Varanasi) has been awarded punishment of stoppage of two annual increments (with cumulative effect) and Dr. G.N. Mishra (the then Chief Environmental Engineer) has been awarded punishment of stoppage of one increment (with non cumulative effect).
4. Apart from it, we further direct that decisions of the punishing authority, copies of which have been annexed with compliance report shall be communicated to the Chief Secretary, Government of U.F within three weeks from today and the said authority shall get the matter thoroughly scrutinized and if it is found that punishing authority has taken lenient view, the State Government is expected to take appropriate action against erring officials- as punitive measure, and adequate steps/measures be taken to issue Government Orders/amendment in Act/Rules, etc. as preventive measures to protect Environment and Ecology-things must for life on planet, as the otherwise act of erring officials is criminal offence in general against public at large.
5. Findings recorded during enquiry by Central pollution Board and the charges proved (during Disciplinary Enquiry) under Court order/s-are shocking but an opportunity for the concerned to meet the challenge arising due to pollution.
6. As far as the then District Magistrate, S.P. Dixit, Ballia is concerned we are informed that Disciplinary inquiry has already been initiated. It is now for the Government to look into it and take such action as may be warranted.
7. In the facts and circumstances, it is established and proved beyond doubt that the brick-kiln was permitted to be installed and run by ‘fraud’, ‘misrepresentation’ on record and collusion between the Respondent Authorities and Respondent No. 7 & 8. The report submitted by Central Pollution Control Board as well as the findings recorded by Inquiry Officer as affirmed by Disciplinary Authority (Chairman, U.P. Pollution Control Board) are sufficient to hold that aforesaid respondents have deliberately harassed and caused loss/damage to the petitioner, who was dragged into litigation, apart from damage done to local residents and public in general. It is a fit case where U.P. Pollution Control Board be directed to pay damages-particularly when its officers (referred to above) are guilty of abusing their office.
8. In the result, petitioner is entitled to the reliefs claimed.
9. Consequently, a writ of certiorari, calling for the records of the case, is issued and the impugned order dated 7.3.2003 passed by Respondent No. 1/District Magistrate Ballia/Annexure XIX to the Writ Petition is quashed. We also issue another writ of certiorari and quash the consent letter on the application dated 26.12. 2002 of Respondent No. 7/Annexure XX to the writ Petition passed by Respondent No. 6/Regional Manager, U.P. Pollution Control Board, Varanasi. We also issue a writ of mandamus commanding the respondents not to run in future the brick kiln in question (subject matter of this Writ Petition) on the basis of the impugned orders or any other order passed in the past.
10. We further direct learned Standing Counsel (as agreed by the learned Advocate General) to send a copy of this judgment with other relevant document (i.e. Enquiry reports, etc.) to the Chief Secretary, Government of U.P. at Lucknow for consideration of U.P. Govt. to provide and appoint a duly qualified-person possessing technical and academic knowledge of ‘Environment’-‘Ecology’, Pollution of ‘Air’ & ‘Water’, etc, as Chairman instead of a person with no adequate knowledge of ‘Pollution’ and ‘Environment’ (or to say a non-technical person) on such sensitive post.
11. We further direct U.P. Pollution Control Board to pay Rs. 1,00,000/- as damages to the petitioner, and Rs. 50,000/- as damages and costs of the Writ Petition are to be paid by Respondents No. 7 & 8, jointly and severally to the petitioner. It is left open to the respondent Board to recover aforesaid amount of cost and damages (Rs. 1,00,000/-) from its erring officers. The amount shall be paid within one month of receipt of certified copy of this order, failing which concerned parties shall face contempt proceedings apart from petitioner’s right to approach the concerned District Magistrate to get it recovered as arrears of ‘landrevenue’
12. Original record is returned to Dr. H.N. Tripathi, Advocate to deliver it to appropriate officer/authority.
13. Writ Petition stands allowed with costs which shall be calculated on the quantum of damages.