Rajasthan High Court - Jodhpur
Barar Int Udyog vs Rajasthan State Pollution Control ... on 12 November, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:48661]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11973/2023
M/s Laxmi Int Udhyog, Chak 2 Mld (B), Tehsil Gharsana, District
Sri Ganganagar Through Its Proprietor Ruma Kanta W/o Shri Brij
Lal Jakhar, Aged About 42 Years, By Caste Jat, R/o Shop No.
126(A), Dhan Mandi, New Mandi, Gharsana, Tehsil Gharsana,
District Sri Ganganagar (Raj.).
----Petitioner
Versus
1. Rajasthan State Pollution Control Board, Through Its
Member Secretary, Jhalana Industrial Area, Jhalana
Dungari, Jaipur.
2. Enviroment Engineer (Env. Comp.), Rajasthan State
Pollution Control Board, Headquarter 4, Industrial Area,
Jhalana Dungari, Jaipur.
3. Regional Officer, Rajasthan State Pollution Control Board,
Hanumangarh.
4. The District Colletor, Sri Ganganagar.
5. The Sub Division Officer, Gharsana, District Sri
Ganganagar.
----Respondents
Connected With
S.B. Civil Writ Petition No. 13218/2023
1. Barar Int Udyog, (Old Name Karni Maa Int Udhyog), Chak
2 Mldb, Gharsana, District Sri Ganganagar Through Its
Proprietor Jaskaran Singh S/o Shri Mastan Singh, Aged
About 57 Years, Chak 2 Mld A Gharsana, District Sri
Ganganagar.
2. M/s Barar Int Udyog, Aged About 57 Years, Chak 2 Mld A
Harsana,district Sri Ganganagar
3. M/s Barar Int Udyog, Aged About 57 Years, R/o Chak 2
Mld A Gharsana,district Sri Ganganagar
----Petitioners
Versus
1. Rajasthan State Pollution Control Board, Through Its
Member Secretary, Jhalana Industrial Area, Jhalana
Dungari, Jaipur.
2. Environment Engineer (Env. Comp.), Rajasthan State
Pollution Control Board, Headquarter, 4 Institutional Ara,
Jhalana Dungari, Jaipur.
3. Regional Officer, Rajasthan State Pollution Control Board,
Sri Ganganagar.
4. The District Collector, Sri Ganganagar.
5. The Sub Division Officer, Gharsana, District Sri
Ganganagar.
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----Respondents
S.B. Civil Writ Petition No. 14575/2023
M/s K.g.n. Int Udhyog, Chak 12 Mld-B, Gharsana, Sri
Ganganagar Through Its Proprietor Mumtaj Ali S/o Shri Manjoor
Ali, Aged About 32 Years, R/o Ward No. 2, Nehru Basti, Deshnok,
Bikaner.
----Petitioner
Versus
1. Rajasthan State Pollution Control Board, Through Its
Member Secretary, Jhalana Industrial Area, Jhalana
Dungari, Jaipur.
2. Environment Engineer (Env. Comp.), Rajasthan State
Pollution Control Board, Headquarter, 4 Institutional Area,
Jhalana Dungari, Jaipur.
3. Regional Officer, Rajasthan State Pollution Control Board,
Hanumangarh.
4. The District Collector, Sri Ganganagar.
5. The Sub Divisional Officer, Gharsana, District Sri
Ganganagar.
----Respondents
S.B. Civil Writ Petition No. 15235/2023
M/s Panwar Int Udhyog, Chak 3 Pm Ii, Rawla, District Sri
Ganganagar Through Its Proprietor Smt. Rajkumari Panwar W/o
Shri Champa Lal, Aged About 55 Years, Resident Of Dharam
Nagar, District Bikaner.
----Petitioner
Versus
1. Rajasthan State Pollution Control Board, Through Its
Member Secretary, Jhalana Industrial Area, Jhalana
Dungari, Jaipur.
2. Environment Engineer, (Env. Comp.), Rajasthan State
Pollution Control Board, Headquarter, 4 Institutional Area,
Jhalana Dungari, Jaipur.
3. Regional Officer, Rajasthan State Pollution Control Board,
Hanumangarh.
4. The District Collector, Sri Ganganagar.
5. The Sub Division Officer, Gharsana, District Sri
Ganganagar.
----Respondents
S.B. Civil Writ Petition No. 540/2024
M/s Surya Int Udhyog, Chak-9, Knd - A/7 Knd, P.no. 31/56,
Muraba No. 10 Ka, Kila No. 1/2, 2,2,9,10/4, Tehsil Rawala,
District Anoopgarh Through Its Proprietor Smt. Ruchika W/o Shri
Brij Mohan, Aged About 38 Years, Resident Of Ward No. 6, Chak
17, Knd, A, Gram Panchayat 17 Knd, District Anoopgarh (Raj.).
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----Petitioner
Versus
1. Rajasthan State Pollution Control Board, Through Its
Member Secretary, Jhalana Industrial Area, Jhalana
Dungari, Jaipur.
2. Environment Engineer (Env. Comp.), Rajasthan State
Pollution Control Board, Headquarter, 4 Institutional Area,
Jhalana Dungari, Jaipur.
3. The Regional Officer, Rajasthan State Pollution Control
Board, Regional Office Plot No. 33 (Special), Beechwal
Industrial Area, Bikaner.
----Respondents
For Petitioner(s) : Ms. Sonika Poonia
Mr. Amit Kumar
For Respondent(s) : Mr. Sajjan Singh Rathore, AAG
HON'BLE DR. JUSTICE NUPUR BHATI
Order
12/11/2025
1. Defects in SBCWPs Nos.11973/2023 and 13218/2023 are
overruled.
2. Brief facts giving rise to this batch of petitions are that the
petitioner firms are engaged in the business of operating Int
Bhattas (brick kilns) established on lands duly converted from
agricultural to industrial use by the competent authorities. The
petitioners have obtained necessary mining permits from the
Mining Department from time to time and are duly registered with
the Goods and Services Tax (GST) authorities. For the purpose of
establishing and operating their industrial units, the petitioners
submitted requisite online applications before the Rajasthan State
Pollution Control Board (RSPCB) and were granted Consent to
Establish and subsequently Consent to Operate, which remain
valid for an extended period. Subsequently, the respondent
authorities issued notices to the petitioners proposing to impose
penalties under the head of environmental compensation.
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Thereafter, orders were passed imposing substantial penalties on
the basis of the polluter pays principle and directing payment of
the assessed amounts, without furnishing any emission reports or
other material forming the basis of such assessment. The
petitioners submitted detailed replies denying any breach of
prescribed emission norms and requested the respondents to
supply the documents relied upon for computing the alleged
environmental compensation. Aggrieved by the said orders, the
petitioners preferred statutory appeals before the appellate
authority, which remain pending consideration. It has been
brought to the notice of this Court that several similarly situated
industrial units were subjected to identical proceedings, and their
appeals also remain undecided. Consequently, multiple writ
petitions came to be filed before this Court, which were disposed
of by treating the impugned penalty orders as show-cause notices
and directing the RSPCB to pass fresh orders after affording due
opportunity of hearing, while restraining any coercive action in the
meantime. Despite such directions, further notices were issued by
the respondent authorities proposing revocation of the Consent to
Operate in case of failure to deposit the assessed amount. The
petitioners, while submitting their replies, reiterated that their
operations are within the prescribed emission norms and no
violation has been committed. In these circumstances, the
petitioners have once again approached this Court challenging the
subsequent communications/orders issued by the respondent-
RSPCB demanding payment of environmental compensation and
threatening coercive measures, seeking appropriate reliefs in
accordance with law.
3. Counsel for the petitioners submits that the issue involved in
the present writ petitions is squarely covered by the judgment
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dated 30.10.2025 passed in the case of M/s. Tata Bricks
Company Vs. Rajasthan State Pollution Control Board &
Ors.: S.B. Civil Writ Petition No.645/2025, decided on
30.10.2025.
4. Learned AAG is in agreement with the submissions advanced
by counsel for the petitioners and submits that the issue involved
is squarely covered by the case of M/s. Tata Bricks Company
(supra).
5. Thus, in view of the submissions made, the writ petitions are
allowed and the impugned orders/notices/communications in the
present writ petitions are hereby quashed and set aside.
6. It is hereby directed that if any amount has been collected or
deposited in lieu of demand raised vide impugned
orders/notices/communications, the same shall be refunded to the
respective petitioners within a period of six weeks from the date of
receipt of certified copy of this order and if amounts are not
deposited or collected, the respondent - RSPCB shall not take any
further action.
7. However, the respondent - RSPCB can impose and collect
restitutionary and compensatory damages so also damages qua
potential environmental damage while exercising powers under
Sections 33A of the Act of 1974 and 31A of the Act of 1981
provided the subordinate legislation is enacted detailing the
principles and procedure incorporating basic principles of natural
justice.
8. All pending applications, if any, shall also stand disposed of
accordingly.
(DR. NUPUR BHATI),J
215, 216, 218, 219 and 220-/Devesh/-
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