Rajasthan High Court - Jodhpur
Shree Krishna Bricks vs Rajasthan State Pollution Control ... on 26 November, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:51255]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19533/2024
M/s. Choudhary Int. Udhyog (Old Name Ganesh Int. Udhyog),
Chakk-2 Jms, Tehsil Gharsana, District Sri Ganganagar Through
Its Proprietor Chander Bhan S/o Mohan Lal, Aged About 33
Years, R/o Chak 3 Nm, Tehsil Anoopgarh, District Sri Ganganagar
(Raj.)
----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 Office, Rajasthan State Pollution Control Board
Plot No. Spl-33, Bicthrough Industrial Area Bikaner.
4. Appellate Authority, Air (Prevention And Control Of
Pollution), Jaipur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 15931/2022
Shree Krishna Bricks, Chak 6 Bgs, Banwali Sadulshahar,
Sriganganagar, Partnership Firm Through Its Partner Shambhu
Verma S/o Shri Kaluram Verma, By Caste Verma, Aged About 34
Years, R/o Ward No. 59, Kumhar Mohalla, Sriganganagar.
----Petitioner
Versus
1. Rajasthan State Pollution Control Board, Through Its
Member Secretary, Jhalana Industrial Area, Jhalana
Dungari, Jaipur.
2. Environment Engineer (Env. Com.), Rajasthan State
Pollution Control Board, Headquarter 4 Institutional Area,
Jhalana Dungari, Jaipur.
3. Regional Officer, Rajasthan State Pollution Control Board,
Plot No. 52, Sector 9/1, Hanumangarh Junction,
Hanumangarh.
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----Respondents
For Petitioner(s) : Mr. H.R. Chawla.
Mr. Hemant Jain.
For Respondent(s) : Mr. Rajendra Singh Bhati for
Mr. Sajjan Singh Rathore, AAG.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
26/11/2025
1. These writ petition have been filed by the petitioners with
the following prayers:
Prayers of SBCWP No. 19533/2024
"A. By an appropriate writ order or direction the impugned
order dated 26.07.2024 (Ann. 5) imposing penalty to the tune
of Rs.24,85,000/ in the name of environmental compensation
and all actions pursuant to this this order may kindly be
quashed and set aside.
B. That any other appropriate order or relief which may serve
the purpose of the present Petitioner considering the facts and
circumstances of this case, may also kindly be passed in favour
of the present Petitioner.
C. That cost of litigation may also kindly be awarded in favour
of the humble Petitioner."
Prayers of SBCWP No.15931/2022
i. the impugned notice dated 19.01.2022 (Ann.09), order/notice
dated 08.03.2022 (Ann.12) and Order dated 07.10.2022 (Ann.
19) issued and passed by the Respondents may kindly be
declared illegal, arbitrary, unjust and same may kindly be
quashed and set aside.
ii. Without prejudice to the above and in the alternate, the
impugned Order dated 07.10.2022 (Ann. 19) may be declared
illegal and be set aside and the Respondents may be directed to
consider the Reply/Response of the Petitioner objectively and
pass a speaking and reasoned Order; and
iii. Any other appropriate writ, order or direction which this
Hon'ble Court deems just and proper may kindly be passed in
favour of the petitioner."
2. Learned counsel for the both parties jointly submits that the
controversy involved in the present writ petitions are squarely
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covered by order dated 30.10.2025 passed by a Coordinate Bench
of this Court in the case of 'M/s Tata Bricks Company Vs.
Rajasthan State Pollution Control Board & Ors.': S.B. Civil Writ
Petition No.645/2025 along with other connected matters, wherein
the writ petitions were allowed and the impugned orders were
quashed and set aside with certain directions.
3. Relevant paragraphs of the aforesaid judgment, being
relevant are reproduced hereunder:
"13. In view of the above, the preliminary submissions, as
raised by the petitioners, is accepted. The writ petitions are
allowed. The impugned orders/notices/communications in
the present writ petitions are hereby quashed and set
aside.
14. It is hereby directed that if any amount has been
collected or eposited 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. 15.
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."
4. Thus, in view of the joint submission made by learned
counsel for the parties, the writ petitions are allowed in same
terms as in the case of Tata Bricks Company (supra). The
impugned orders/notices/communications in the present writ
petitions are hereby quashed and set aside.
5. It is hereby directed that if any amount has been collected or
eposited in lieu of demand raised vide impugned orders/notices/
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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.
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.
(DR. NUPUR BHATI),J
173-174- Sumit/-
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