2025:UHC:6665-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND THE HON’BLE SRI JUSTICE ALOK MAHRA WRIT PETITION (M/B) NO. 265 OF 2025 30TH JULY, 2025 M/s Surya Stone Crusher & another …… Petitioners Versus State of Uttarakhand & others …… Respondents Counsel for the petitioners : Mr. Atul Kumar Bansal, learned counsel Counsel for the respondents : Mr. Sunil Khera, learned Deputy Advocate General for the State / respondent Nos. 1 and 2 : Mr. Aditya Pratap Singh, learned counsel for the Uttarakhand Pollution Control Board / respondent Nos. 3 and 4 The Court made the following: JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) We heard the learned counsel for the petitioners and the learned counsel for the respondents. 2) The short fact necessary for disposal of the instant writ petition is that the National Green Tribunal in proceedings bearing Original Application No. 182 / 2024, was pleased to take cognizance of the illegal mining and directed the State 1 2025:UHC:6665-DB authorities to quantify the environmental compensation payable by the parties, and directed that the same be collected from the wrongdoers. 3) The Board taking a cue from the same has proceeded to quantify the environmental compensation amount without following the due process of law. Neither the principles of natural justice, nor the procedure stipulated under the Act and Rules have been complied with. The Board has suo motu calculated the environmental compensation amount and issued demand notices calling upon the petitioners and others to deposit the same. 4) It is pertinent to note that the petitioners were not a party in the proceedings before the National Green Tribunal. Despite the same, the proceedings have been initiated and the demand has been raised calling upon the petitioners to make a payment. It is no more res integra that where an action of any authority entails civil consequences on the petitioner, it is but desirable to read the principles of natural justice into the Act and Rules, in the event of the Act and Rules not providing the same. 5) On the contrary, Rule 46 mandates that the affected party must be put on notice and thereafter an opportunity of being heard ought to have been afforded to the party, and thereafter, the authority is entitled to pass orders. The order being in complete violation of the principles of natural justice 2 2025:UHC:6665-DB and the procedure stipulated under the Act and Rules, this Court is of the considered opinion that the same is liable to be set aside. Accordingly, the same is set aside. 6) The writ petition is allowed. The impugned demand notices dated 11.04.2025 and 22.11.2024 are set aside. The setting aside of the demand will not come in the way of the Board to redo the exercise in compliance with the Act and Rules. 7) The writ petition stands ordered accordingly. 8) There shall be no order as to costs. 9) As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 30TH JULY, 2025 Negi 3 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.07.31 11:43:01 +05'30'