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Judgment
Heard Shri Shivan Desai, learned counsel appearing for the petitioners and Shri Dattaprasad Lawande, learned Advocate General appearing for the respondents.
Rule. Heard forthwith with the consent of the learned counsel appearing for the petitioners and Shri Dattaprasad Lawande, learned Advocate General appearing for the respondents. The learned AGA appearing for the respondents waives notice.
Upon hearing the learned counsel appearing for the petitioner and the respondents, a short point raised by the petitioners is whether the impugned order dated 16.5.2017 stands vitiated for breach of the principles of natural justice as the petitioners were not given an effective hearing before passing of such order. Shri Shivan Desai, learned counsel appearing for the petitioners submits that though the petitioners were regularly present for hearing before the respondents, nevertheless on the relevant date the petitioners were unable to be represented by the Advocate and as such sought an adjournment as the advocate could be present. The learned counsel points out that though an adjournment was sought on that count, the respondents refused to grant an adjournment and proceeded to pass the impugned order. It is further pointed out that as such the impugned order cannot be sustained, as according to him, it was passed in breach of the principles of the natural justice which has resulted in total failure of the justice to the petitioners.
On the other hand, the learned Advocate General has pointed out that though there was no justifiable reason to remain absent on the relevant date, nevertheless, in the interest of justice, the respondents-Authorities shall give a hearing to the petitioners and pass appropriate orders provided that the petitioners do not seek any adjournment.
In view of the above and in the circumstances as pointed out by Shri Shivan Desai, learned counsel appearing for the petitioners, we find that the petitioners are entitled for an effective hearing before a decision is taken by the concerned Authorities on the proceedings initiated under the Environment Protection Act against to the petitioners. Needless to say that the petitioners shall not be entitled to seek any further adjournment on the date to be communicated by the respondents to the petitioners.
For the aforesaid reasons and subject to the above, the impugned order dated 16.5.2017 is quashed and set aside. The respondents shall proceed to give a fresh hearing to the petitioners and take a decision on the proceedings initiated under the Act, in accordance with law. All the contentions on merits of the petitioners are left open. Rule disposed off accordingly.