STATE OF UTTAR PRADESH AND OTHERS versus ANAND ENGINEERING COLLEGE AND ANOTHER

STATE OF UTTAR PRADESH AND OTHERS versus ANAND ENGINEERING COLLEGE AND ANOTHER

The High Court correctly set aside the order imposing Rs.10,00,00,000/- because the damages were imposed without issuing any show cause notice or affording the respondents an opportunity of hearing and because the authority could not straightaway impose monetary damages under Section 33; if damages are to be assessed these must be determined by appropriate proceedings before the appropriate court/forum, while the authority may take other measures under Section 33 after following principles of natural justice.

Parties
Petitioner: State of Uttar Pradesh and Others; Respondent: Anand Engineering College and Another
Jurisdiction
India
Judgment Date
12 July 2022
Procedural Posture
Special Leave Petition (civil) / Special Leave Petitions Disposed of by Supreme Court
Outcome
Special Leave Petitions disposed of; High Court order setting aside the imposition of damages upheld
Legal Topics
Imposition of Damages, Jurisdiction of Forest Department, Section 33 of Wild Life (protection) Act, 1972, Show Cause Notice, Closure of Institution
Environmental Law Wildlife (protection) Law Administrative Law Procedural Law (natural Justice) Imposition of Damages Jurisdiction of Forest Department Section 33 of Wild Life (protection) Act, 1972 Show Cause Notice +1 more

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Parties

State of Uttar Pradesh and Others

Petitioner

Anand Engineering College and Another

Respondent

Procedural Posture

Special Leave Petition (civil) / Special Leave Petitions Disposed of by Supreme Court

Legal Issues

  1. 1 Whether the Forest Department/Chief Wild Life Warden had jurisdiction under Section 33 of the Wild Life (Protection) Act, 1972 to impose monetary damages directly
  2. 2 Whether imposition of damages without issuing a show cause notice and without opportunity of hearing violated principles of natural justice
  3. 3 Whether the quantum of damages imposed (Rs.10,00,00,000/-) had any material or basis

Ratio Decidendi

The High Court correctly set aside the order imposing Rs.10,00,00,000/- because the damages were imposed without issuing any show cause notice or affording the respondents an opportunity of hearing and because the authority could not straightaway impose monetary damages under Section 33; if damages are to be assessed these must be determined by appropriate proceedings before the appropriate court/forum, while the authority may take other measures under Section 33 after following principles of natural justice.

Court Disposition

Special Leave Petitions disposed of; High Court order setting aside the imposition of damages upheld

Orders

  • The order/notice imposing damages of Rs.10,00,00,000/- upon the respondents is set aside
  • Special Leave Petitions are disposed of