Authority: Supreme Court of India
Order Date: 20-07-2026
Case Overview
- Petitioner: Chhattisgarh Environment Conservation Board, Bhilai.
- Respondent: M/s. Jhuradabri (Quartz and Silica) Mining & Anr.
- The petition arose from a final judgment dated 25‑08‑2025 of the High Court of Chhattisgarh, Bilaspur (CRMP No.1380/2019).
- The Board’s Regional Manager filed a complaint on 06‑09‑2010 under Sections 15 & 16 of the Environment Protection Act, 1996; Sections 37 & 40 of the Air (Prevention and Control of Pollution) Act, 1981; and Sections 44 & 47 of the Water (Prevention and Control of Pollution) Act, 1974, alleging that the respondent continued quartzite and silica sand mining without the mandatory establishment consent.
- Exhibit P3C (dated 11‑09‑2002) and an order dated 08‑01‑2010 from the Board’s Member Secretary rejecting the respondent’s discharge application were cited.
- The Sessions Judge allowed a revision, holding that no specific sanction for prosecution had been obtained, rendering the Board’s general order insufficient.
- The High Court referred to the 11‑09‑2002 order empowering Regional Officers to file suit, which the Court found incompetent for criminal proceedings.
- The Government Advocate submitted Annexure P15 claiming a specific sanction existed; the Court examined the 08‑01‑2010 order and concluded it did not constitute a sanction authorising prosecution under the statutes.
Final Outcome
- The Supreme Court condoned the delay in filing the petition.
- It found no reason to entertain the Special Leave Petition and disposed of it.
- The Court left open the State’s remedy to initiate action after obtaining a proper sanction as required by law.
- All pending applications, if any, were ordered disposed.
Topics: Environmental Law, Mining Regulation, Judicial Review