Allahabad High Court Quashes Summons Against Directors Of Larsen & Toubro In Air Pollution Case

The Allahabad High Court recently quashed the summons against M/s Larsen & Toubro and its directors in case registered for violation of the Air (Prevention and Control of Pollution) Act, 1981, on grounds that the Magistrate failed to apply his mind on the documents placed before it.

Applicants include Whole-time Director & Sr. Executive Vice Presidents for different branches of L&T, Whole-time Director & CFO of L&T, Chairman & Managing Director of L&T and Independent Directors of L&T who were all summoned by the Special Judicial Magistrate at Lucknow in a case lodged under Section 37 of the Air Act against M/s Larsen & Toubro.

Section 37 specifies penalties for failing to comply with key provisions like operating without consent (Section 21), exceeding emission standards (Section 22), or ignoring directions under Section 31A.

In 2018, L&T was awarded a contract for carrying out various activities in the Khurja - Pilkhani Section of Eastern Dedicated Freight Corridor-CP-303. For carrying out the contact, a Batching Plant was set up in Ghaziabad. It is the applicant's case that requirements under Section 21/22 of the Act were fulfilled and requisite permissions had been taken under both the Air Act and the Water Act.

Pollution Board claimed to have inspected the property on 14.12.2020 and recorded certain violations. Applicants pleaded that the inspection report was not prepared on spot and was written later and was never served upon them or the company. It was also pleaded that for a similar project, a Batching Plant had been set up at Noida, which was also inspected on the same day and the inspection report was prepared later.

It was argued that the Batching Plant under consideration had been dismantled and the premises has been vacated and the project was completed in 2024. Arguing that the applicants had recently gained knowledge of the proceedings, they sought quashing of the 2022 summoning order.

The Court noted that the consent of the U.P. Pollution Board in favour of the Batching Plant was valid from 01.08.2020 to 31.07.2022 during which the inspection was conducted.

Noting the findings recorded in the summoning order to the effect that no prior consent was taken from the Pollution Control Board, Justice Brij Raj Singh held,

“The aforesaid consideration indicates that the learned Magistrate has noted incorrect fact, wherein he has mentioned that without prior approval/consent the Unit is being run by the applicants. This fact is totally wrong after bare perusal of letter dated 21.08.2023. There is no other finding recorded by the court while issuing summons. Only he has said that he has seen the documents, thus, he has to apply his mind for the other documents placed by the complainant, but the same is missing. The ground taken by him for issuing summons is not sustainable…”

Accordingly, the matter was remitted back to the Magistrate for fresh orders after due application of mind.

Case Title: Sudhindra V. Desai And 5 Others Versus U.P. Pollution Control Buard Thru. Its Assistant Environmental Engineer Shri Ashutosh Pandey Lko. 2026 LiveLaw (AB) 36

Case citation: 2026 LiveLaw (AB) 36

Click Here To Read/Download Order