The Allahabad High Court has set aside a summoning order issued against senior officials of Larsen & Toubro (L&T) in a pollution-related criminal case, observing that the trial court acted on incorrect facts and without proper application of mind. The court has now directed the magistrate to reconsider the matter afresh, strictly in accordance with law.
The order was passed by Justice Brij Raj Singh while hearing an application under Section 482 of the Criminal Procedure Code seeking quashing of criminal proceedings initiated by the Uttar Pradesh Pollution Control Board (UPPCB).
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Background of the Case
The case arose from a complaint filed by the UP Pollution Control Board alleging violations of the Air (Prevention and Control of Pollution) Act, 1981. The complaint pertained to a concrete batching plant set up by L&T for a railway infrastructure project under the Dedicated Freight Corridor Corporation of India (DFCCIL).
According to the Board, an inspection conducted on December 14, 2020, revealed that the unit was operating without prior consent and that dust control measures, such as water sprinklers, were not in place. Based on this, a criminal complaint was filed and summons were issued against L&T and several of its senior officials, including its Chairman, Managing Director, and independent directors.
The accused challenged the summons, arguing that the company had valid environmental clearances and that the inspection report was flawed.
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Arguments Before the Court
Senior counsel appearing for L&T submitted that the company had obtained valid consent from the Pollution Control Board to operate the plant. The consent, dated August 21, 2020, was valid till July 31, 2022 - a fact allegedly ignored by the magistrate while issuing summons.
It was further argued that:
- The inspection report was never served on the company.
- The plant had already been dismantled in July 2022.
- The project itself stood completed by July 2024.
- Senior company officials were made accused without any specific role being attributed to them.
“The summoning order proceeds on a factual error that no consent was obtained, which is demonstrably incorrect,” the counsel submitted.
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Court’s Observations
After examining the records, the High Court found merit in the submissions made by the applicants.
The court noted that the magistrate’s order clearly stated that the industrial unit was operating without prior consent - a finding contradicted by official documents on record.
“The magistrate has proceeded on an incorrect factual assumption. The consent dated 21.08.2020 was very much in existence,” the court observed.
Justice Singh further pointed out that the summoning order did not reflect proper application of mind. The magistrate merely stated that documents were perused, without recording any independent satisfaction or analysis of the material placed before the court.
Referring to settled law, the court reiterated that while detailed reasoning is not required at the stage of issuing summons, the order must still reflect due consideration of facts.
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Court’s Decision
Allowing the application, the High Court:
- Set aside the summoning order dated February 19, 2022
- Quashed the proceedings against L&T officials for the time being
- Remitted the matter back to the magistrate for fresh consideration
- Directed that a fresh decision be taken expeditiously and strictly in accordance with law
“The impugned order suffers from non-application of mind and cannot be sustained,” the court held while allowing the plea.
The court clarified that the magistrate is free to reassess the case independently after examining all materials placed on record.
Case Title: U.P. Pollution Control Board vs Larsen & Toubro Ltd.
Case No.: Application U/S 482 No. 221 of 2026
Decision Date: January 16, 2026
